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Appellate Division Determines Village May Not Discontinue Streets Unless Useless and There Has Been SEQRA Compliance

By Steven Silverberg and Katherine Zalantis

The New York Appellate Division, Second Department, in Matter of Baker v Village of Elmsford has unanimously held that the Village of Elmsford may not demap and discontinue portions of Vreeland Avenue and River Street unless the Village Board determines the streets are useless and it takes a hard look at the proposed action under the State Environmental Quality Review Act (SEQRA). The Court reversed the 2007 decision of Supreme Court, Westchester County which had dismissed the Article 78 proceeding brought by two contiguous commercial property owners contesting demapping and discontinuance of the streets. The streets in question have been in use for nearly 80 years and the contiguous property owners were required to make improvements to the streets within the past 20 years...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on December 17, 2009 (boomark / email).