Twenty-five years ago, in Society of Plastics Indus. v. County of Suffolk,1 the New York Court of Appeals examined the law of standing and set forth a framework for deciding whether parties had standing to challenge governmental action in land use matters generally, and under the State Environmental Quality Review Act (SEQRA)2 specifically. In that case, the court held that “the plaintiff, for standing purposes, must show that it would suffer direct harm, injury that is in some way different from that of the public at large.”
Since that decision, zoning and land use planning lawyers, developers, community members, and the courts have struggled with the “special injury” requirement established by the court. A decision on standing issued by the court late last year in Matter of Sierra Club v. Village of Painted Post,3 however, has made the rules of standing significantly clearer.
Background
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