Dunk v. City of Watertown

11 A.D.3d 1024 (2004)

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Dunk v. City of Watertown

New York Supreme Court, Appellate Division
11 A.D.3d 1024 (2004)

  • Written by Jody Stuart, JD

Facts

A proposed project to demolish three historic buildings was classified as a Type I action, which created a presumption that the project would be likely to have a significant adverse impact on the environment and might require an environmental-impact statement. The City of Watertown (defendant) city council completed a full environmental assessment and determined that the proposed demolition did not have environmental significance because, although the buildings were historic, the buildings were a relatively small part of the city’s historic district. The city council also stated that the buildings were unsafe and an eyesore with little opportunity for rehabilitation. Accordingly, the city council issued a negative declaration, pursuant to the state Environmental Quality Review Act (act), with respect to the demolition. Erik Dunk (plaintiff) commenced an Article 78 proceeding in the Jefferson County Supreme Court. Dunk asserted that the city council improperly issued a negative declaration because the project proposed the total demolition of three historic buildings. The Jefferson County court dismissed the petition, and Dunk appealed.

Rule of Law

Issue

Holding and Reasoning (Memorandum opinion)

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