Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05395
Matter of Kopald v Town of Highlands N.Y. Planning Bd.
Read the official decision: 2026 NY Slip Op 05395
Holding 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.
The court’s words
would suffer direct harm, injury that is in some way different from that of the public at large
2026 NY Slip Op 05395, at the official text
hypothetical and speculative assertions of harm resulting from the approval of David Tonneson's application
2026 NY Slip Op 05395, at the official text
petitioner's property is not adjacent to any portion of the Tonneson property that is being sold
2026 NY Slip Op 05395, at the official text
petitioner has not alleged a specific nonspeculative injury that would befall her as a result
2026 NY Slip Op 05395, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05395 |
| Area of law | Environmental, Land Use and Eminent Domain |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05395 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 166 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Kopald v Town of Highlands N.Y. Planning Bd., 2026 NY Slip Op 05395 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05395/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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