In Matter of Save the Pine Bush, Inc. v. Planning Bd. of Town of Clifton Park , Save the Pine Bush challenged the Clifton Park Planning Board 's acceptance of Donald Greene's site plan.
Greene proposed to construct industrial buildings on a parcel of undeveloped land which was identified as a habitat for the endangered " Karner Blue Butterfly ."
When the Planning Board determined that the project wouldn't have a negative impact on the environment, and granted site-plan approval, Save the Pine Bush brought a special case -- pursuant to CPLR Article 78 -- to set aside the Board 's determination.
After the Schenectady County Supreme Court dismissed the proceeding for "lack of standing," Save the Pine Bush appealed to the Appellate Division, Third Department.
In the absence of a "specific environmental injury," and since none of the group's members lived in proximity to the property to have a "legally protectable interest," the AD3 was of the opinion that dismissal was appropriate.
That must have stung!
To download a copy of the Appellate Division's decision, please use this link: Matter of Save Pine Bush, Inc. v. Planning Bd. of Town of Clifton Park