Laidlaw Energy & Environmental, Inc. v. Town of Ellicottville
New York Supreme Court, Appellate Division
59 A.D.3d 1084, 873 N.Y.S.2d 814 (2009)
- Written by Tanya Munson, JD
Facts
Laidlaw Energy & Environmental, Inc. (Laidlaw) (plaintiff) owned 16.5 acres of land in the Town of Ellicottville (the town) (defendant) in an area that was zoned for light industrial and service commercial use. The previous owners of the land had operated a lumber-drying kiln and a cogeneration electrical power plant powered by natural gas. Laidlaw applied to the town planning board (the board) for site plan approval for a new cogeneration plant using wood as a fuel source instead of gas. The board required Laidlaw to prepare a draft environmental-impact statement (DEIS). Laidlaw submitted a DEIS, and after a hearing and request from the board for more information, submitted a final environmental-impact statement (FEIS). The board held another hearing and denied the site plan approval application. The board found that the proposed plan would cause a serious increase in harmful emissions, resulting in an unacceptable adverse impact. Laidlaw commenced an Article 78 proceeding and sought to annul the board’s denial of its site plan approval for the wood-powered plant. Laidlaw argued that the board’s determination was arbitrary, capricious, or not supported by substantial evidence. The Supreme Court of Erie County dismissed Laidlaw’s petition. Laidlaw appealed.
Rule of Law
Issue
Holding and Reasoning ()
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