ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05395
Area of lawEnvironmental, Land Use and Eminent Domain
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05395
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id166

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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Published September 23, 2026. Updated September 23, 2026.