Fourth Department — Equal Access to Justice Act: Lighthouse Pointe Property Associates LLC v. NYS Department of Environmental Conservation

By Daily Record Staff
Posted: 5:50 pm Tue, January 24, 2012

Appellate Division, Fourth Department

Equal Access to Justice Act

Eligible Party — Substantially Justified

Lighthouse Pointe Property Associates LLC v. NYS Department of Environmental Conservation
CA 11-01151
Appealed from Supreme Court, Monroe County

Background: The petitioner appealed from an order denying its application for counsel fees pursuant to the New York State Equal Access to Justice Act. The petitioner further appealed from the denial of its motion to supplement the application with information concerning the petitioner’s eligibility as a “party” pursuant to the EAJA. The DEC had denied the petitioner’s application for acceptance into the Brownfield Cleanup Program. The petitioner had submitted applications with respect to its proposal to develop land at a cost that the petitioner estimated would range between $150 and $250 million.

Ruling: The Appellate Division affirmed. The Appellate Division stated that, in order to benefit from the EAJA, an individual or business must not have the resources to sustain a long legal battle against an agency that is acting without justification. The petitioner did not meet its burden of establishing that it is a party in need under the EAJA. Moreover, the petitioner would not be entitled to an award as the DEC was justified in bringing the original action to a degree that would satisfy a reasonable person.

Alan J. Knauf of Knauf Shaw LLP for the petitioner-appellant; Julie M. Sheridan of the New York State Office of the Attorney General