96 South Broadway
Asselbergs, et al. v. Village of Chestnut Ridge, et al; Appellate Division Docket No. 2023-10564
In a Decision and Order issued April 15, 2026, the Appellate Division, Second Department, affirmed the dismissal of an Article 78 proceeding that challenged the Village of Chestnut Ridge’s first ever Comprehensive Plan. The CPLR Article 78 proceeding alleged that the Village failed to comply with the requirements of the New York State Environmental Quality Review Act (“SEQRA”). However, the Hon. Rolf Thorsen, J.S.C., granted the Village’s pre-answer motion to dismiss and the Second Department affirmed the dismissal by finding that the Village demonstrated that the petitioners’ allegations – that the Village’s adoption resolution was arbitrary and capricious or that the Village failed to take the requisite hard look or make a reasoned elaboration of the basis for its findings – were not based upon the facts. Because of this early dismissal, the Village’s Comprehensive Plan was upheld, saving the Village many more years of protracted litigation and protecting taxpayer funds.
Decision: https://fnmlawfirm.com/wp-content/uploads/Asselbergs-v.-Village-of-Chestnut-Ridge.pdf