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In re In re Tri-County Taxpayers Ass'n v. Town Bd. of the Town of Queensbury

Citation: 12 ELR 20667
432 N.E.2d 592/55 N.Y.2d 41, (N.Y., 02/16/1982)

The court rules that the respondent town's establishment of a sewer district prior to preparation of an environmental impact statement (EIS) violates the State Environmental Quality Review Act (SEQRA). The court upholds the lower court's decision that the establishment of the sewer district might have an environmental impact and thus was governed by SEQRA. In addition, the adoption by the town board of authorizing resolutions, though they might have been rescinded later, constituted the type of action that triggers the obligation to prepare an EIS. The court also rules that holding a referendum to approve the board's decision prior to preparation of an EIS violates SEQRA. Voters, no less than board members, must be given the information in the EIS before being asked to make a decision. The court nullifies the resolutions and the special election.

Counsel for Appellants
Lewis B. Oliver Jr.
31 Barclay St., Albany NY 12209
(518) 463-7942

Counsel for Respondents
Joseph R. Brennan
McPhillips, Fitzgerald, Meyer & McLenithan
P.O. Box 309, Glens Falls NY 12801
(518) 792-1174