Waldbaum's wins fight in Great Neck rezoning.The law firm of Sahn A sahn (Arabic: صحن, ṣaḥn Ward & Baker announced the decision of Justice Stephen Stephen, 1097?–1154, king of England (1135–54). The son of Stephen, count of Blois and Chartres, and Adela, daughter of William I of England, he was brought up by his uncle, Henry I of England, who presented him with estates in England and France and A. Bucaria, of the Nassau County Nassau County is the name of two counties in the United States of America:
In a win for Waldbaum's, Justice Bucaria annulled the rezoning of 19 acres of waterfront property in the village of Great Neck, including 2.4 acres owned by Waldbaum's, the regional supermarket chain, from an industrial zoning district to a residential zoning district. The rezoning had prevented Waldbaum's from using a 25,000 s/f former supermarket building on its property for continued commercial use. In 2004, the village of Great Neck rezoned 19 acres of waterfront property on Manhasset Bay from an industrial zoning district to a residential zoning district with the eventual goal of creating a residential waterfront neighborhood. The properties in the rezoned area consisted of, among other things, two Great Neck sewage treatment Sewage treatment Unit processes used to separate, modify, remove, and destroy objectionable, hazardous, and pathogenic substances carried by wastewater in solution or suspension in order to render the water fit and safe for intended uses. plants, a bulk oil storage and distribution facility and the Waldbaum's supermarket store. Under state environmental law, the village was required to conduct an extensive review of the rezoning to determine its impact on the environment prior to its adoption. An environmental impact study was done, but, as Justice Bucaria found, it was not done properly. The flawed flaw 1 n. 1. An imperfection, often concealed, that impairs soundness: a flaw in the crystal that caused it to shatter. See Synonyms at blemish. 2. study did not address such fundamental issues as sewage treatment and the feasibility of permitting residential development in an area that is known to have soil and groundwater contamination from decades of heavy industrial use. "Although the village spent years studying the proposed rezoning and placed a moratorium A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law. on the development or use of our client's property during this time, the environmental reports that it relied upon did not properly consider numerous areas of environmental concern," said Jon A. Ward, who heads up the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. area at Sahn Ward & Baker. "This was a complex case dealing with important statewide environmental laws and judicial review of administrative actions." "We are very pleased that Justice Bucaria agreed with our position and annulled the rezoning. The decision restores Waldbaum's rights under the original zoning and allows Waldbaum's to chart the future for the use of its property." |
|
||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion