New York Law Watch
Environmental, Land Use and Eminent Domain: 2026 decisions
Environmental review, land-use approvals and government acquisition of property are grouped here, including disputes over parks, zoning and public projects.
For Environmental, Land Use and Eminent Domain, 2026 decisions, Law Watch lists 16 indexable decisions dated July 24, 2026 to November 12, 2026 across 9 decision weeks.
19 decision records: 16 meet the substance floor; 3 records are held from search listings.
Week ending November 14, 2026
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- Matter of Zero Waste Ithaca v Ithaca City Planning & Dev. Bd.2026 NY Slip Op 06600
The Appellate Division affirmed the lower court’s dismissal of the petition, finding that the planning board’s issuance of a negative declaration under SEQRA was not arbitrary or capricious. The court determined that the board adequately identified pertinent areas of environmental concern and took a hard look at the evidence regarding synthetic turf risks.
Week ending November 7, 2026
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- Matter of Protect the Adirondacks! Inc. v New York State Dept. of Envtl. Conservation2026 NY Slip Op 06497
The court affirmed the dismissal of the petition, holding that the Master Plan and Unit Management Plan do not impose a nondiscretionary duty on the Department of Environmental Conservation to conduct a carrying capacity study. Because the relevant provisions are aspirational rather than mandatory, mandamus relief is unavailable to compel the agency’s exercise of professional judgment.
- Matter of 99 Wash. LD Holdings, LLC v Zoning Bd. of Appeals of the Vil. of Suffern2026 NY Slip Op 06433
The Appellate Division affirmed the lower court’s dismissal of the petition as time-barred because the proceeding was commenced more than 30 days after the Zoning Board of Appeals’ decision was filed with the village clerk. The court held that the 30-day statute of limitations under Village Law § 7-712-c(1) applied, rendering the petition untimely.
Week ending October 31, 2026
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- Matter of Bruck v Town of Rochester Planning Bd.2026 NY Slip Op 06370
The Planning Board did not act arbitrarily or capriciously in granting site plan approval for a modified project because the changes were in substantial conformance with the original conceptual plan. The Board was authorized to adopt the Town Board’s parking determinations without referring the matter to the Zoning Board of Appeals or Code Enforcement Officer.
- Seneca Lake Guardian, Inc. v Seneca Meadows, Inc.2026 NY Slip Op 06367
The court affirmed the dismissal of claims against the Department of Environmental Conservation, finding that the Green Amendment does not impose a ministerial duty to enforce regulations and that the request for an injunction was not ripe. The court also affirmed the dismissal of the public nuisance claim due to a lack of special injury but allowed the private nuisance claim to proceed.
Week ending October 24, 2026
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- City of New York v Arlene M. Tropp 2002 Revocable Trust2026 NY Slip Op 06090
The Appellate Division affirmed the denial of the defendants’ motion for summary judgment because they failed to eliminate triable issues of fact regarding zoning compliance and the applicability of reasonable accommodation claims. The court found that the defendants’ disability-based arguments did not address all alleged violations and failed to demonstrate the absence of material facts regarding selective enforcement.
Week ending October 17, 2026
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- Matter of VN Property, Inc. v Byrne2026 NY Slip Op 05961
The appellate court affirmed the lower court’s dismissal of the petition, finding that the Zoning Board of Appeals’ denial of area variances was supported by a rational basis and the record. The court determined that the board properly applied the statutory balancing test and did not act arbitrarily or capriciously.
- Matter of Hunter v Zoning Bd. of Appeals of the Town of Islip2026 NY Slip Op 05953
The Appellate Division affirmed the lower court’s dismissal of the petition, finding that the Zoning Board of Appeals’ denial of area variances was not arbitrary or capricious. The court determined that the Board properly applied the required balancing test and that the petitioners failed to demonstrate that the Board reached a different result on essentially the same facts as a prior permit.
Week ending October 3, 2026
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- Matter of Niagara Metals, LLC v City of Buffalo Zoning Bd. of Appeals2026 NY Slip Op 05636
The court confirmed the Zoning Board of Appeals’ determination that the nonconforming use of the property as a scrap yard was not abandoned, finding that ongoing remediation constituted a continuation of the use. The court also affirmed that no use variance was required for the new operator to engage in similar operations.
Week ending September 26, 2026
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- Matter of Kopald v Town of Highlands N.Y. Zoning Bd. of Appeals2026 NY Slip Op 05396
The Appellate Division affirmed the dismissal of the petitioner’s proceedings, finding that the Zoning Board of Appeals rationally determined the petitioner lacked standing because she failed to demonstrate direct harm distinct from the public at large. The court also upheld the lower court’s imposition of sanctions for frivolous conduct.
- Matter of Kopald v Town of Highlands N.Y. Planning Bd.2026 NY Slip Op 05395
The Supreme Court properly dismissed the proceeding for lack of standing because the petitioner failed to demonstrate a direct, non-speculative injury distinct from the general public. The court also affirmed the award of sanctions and attorneys’ fees to the respondents for filing a frivolous proceeding.
Week ending September 5, 2026
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- Hampshire Recreation, LLC v Village of Mamaroneck2026 NY Slip Op 05171
The Appellate Division affirmed the lower court’s order compelling the defendants to comply with discovery demands in a regulatory taking action. The court determined that the requested materials were reasonably calculated to yield information material and necessary to the prosecution of the action, specifically regarding investment-backed expectations and the character of government action.
- Board of Educ. of the Lawrence Union Free Sch. Dist. v Incorporated Vil. of Cedarhurst2026 NY Slip Op 05154
The petitioners lacked standing to challenge the village’s SEQRA determination because their alleged injuries were either economic, shared by the public at large, or too speculative. Consequently, the lower court’s dismissal of the petition was affirmed, though the procedural mechanism was corrected to a declaratory judgment.
Week ending July 25, 2026
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- Matter of Mid Riv. Mar., Inc. v Niagara Mohawk Power Corp.2026 NY Slip Op 04644
The court confirmed the determination authorizing the condemnation of real property and property rights, finding that the project serves a public purpose by increasing safety and mitigating risks to electric infrastructure. The court held that the scope of the taking was necessary and that the petitioner failed to demonstrate that the public purpose was merely incidental to private benefits.
- Matter of WKP, LLC v Town of Lancaster2026 NY Slip Op 04630
The court modified the lower court’s order by dismissing the mandamus and time-barred Article 78 claims, but vacated the directive compelling the Town Board to revote because declaratory judgment cannot compel specific performance. Consequently, the subsequent order directing a second revote was reversed as it was predicated on the invalid initial directive.
- East Side Parkways Coalition v New York State Dept. of Transp.2026 NY Slip Op 04562
The court held that the State defendants’ motion to dismiss the public trust doctrine claim was properly denied because factual issues exist regarding whether Humboldt Parkway was dedicated as parkland and whether the legislature explicitly authorized its alienation. Additionally, the court reinstated the Green Amendment claim against the State defendants, finding a justiciable controversy regarding the ongoing operation of the expressway.
Also decided
- Matter of Red Hook Boat Club, Inc. v Town Bd. of Town of Red Hook 2026 NY Slip Op 06122 October 21, 2026
- Hampshire Recreation, LLC v Village of Mamaroneck 2026 NY Slip Op 05169 September 2, 2026
- Matter of Coalition for Fairness in Soho & Noho, Inc. v City of New York 46 NY3d 1 January 13, 2026