A ruckus ensued when Tharaldson Development Company wanted to rezone a 3.6 acre parking lot so that an hotel could be constructed.
Although the Common Council of the City of Albany prepared an Environmental Impact Statement (EIS) which assessed any environmental damage, and eventually permitted the rezoning, Save the Pine Bush, Inc., challenged the decision on the grounds that the EIS failed to consider the impact the project would have on the Frosted Elfin Butterfly, Hognosed Snake and the Eastern Spadefoot Toad.
The Saratoga County Supreme Court agreed with the conservationists and annulled the rezoning. On appeal, the Appellate Division, Third Department, affirmed.
When the dispute reached our state's highest court, the AD3's determination was reversed and the case was dismissed.
According to the New York State Court of Appeals, the EIS took into account major environmental issues like water drainage, local ecology, and the impact the construction would have on the Karnar Butterfly. Any omissions lacked "doubtful relevance," particularly in view of the project's small size and the impracticality of accounting for the project's impact on every living creature.
Looks like that Bush was beat.
To view a copy of the Court of Appeals' decision, please use this link: Matter of Save the Pine Bush Inc., v. Common Council of the City of Albany