Sun Beach Real Estate Development Corp. v. Anderson

469 N.Y.S.2d 964, 98 A.D.2d 367 (1983)

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Sun Beach Real Estate Development Corp. v. Anderson

New York Supreme Court, Appellate Division
469 N.Y.S.2d 964, 98 A.D.2d 367 (1983)

  • Written by Tanya Munson, JD

Facts

On July 29, 1982, Sun Beach Real Estate Development Corp. (Sun Beach) (plaintiff) applied to the Town of East Hampton (the town) for approval of a subdivision plat that showed a proposed development of many houses and condominium units. According to town law, if the planning board failed to act on a preliminary subdivision application within 45 days, the application was deemed to have been approved. On September 7, the town planning board (the town board) (defendant) told Sun Beach that the application would be processed once it was complete, pending the board’s issuance of a negative declaration that the preliminary approval was of no environmental significance or the board’s positive declaration and acceptance of a draft environmental-impact statement (DEIS) if the approval was of environmental significance. The State Environmental Quality Review Act (SEQRA) required that an application not to be deemed complete until a DEIS was accepted by the agency responsible for approving the application. Sun Beach submitted a DEIS in mid-September. SEQRA required a 30-day period of comment on a DEIS after it was accepted. On October 15, Sun Beach demanded from the town clerk (defendant) a certificate approving the preliminary plan because the planning board failed to hold a hearing within 45 days. On October 27, the planning board determined that the subdivision might cause a significant impact on the environment and accepted Sun Beach’s DEIS. In January 1983, Sun Beach brought an action against the town clerk and the planning board, seeking a judgment directing the issuance of a certificate of preliminary plat approval.

Rule of Law

Issue

Holding and Reasoning (Lazer, J.)

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