Court of Appeals – Challenged Government Action: Sierra Club et al. v. Village of Painted Post, et al.

Daily Record Staff//December 10, 2015//

Challenged Government Action

Standing – Special Injury

Sierra Club et al. v. Village of Painted Post, et al.

No. 151

Judge Abdus-Salaam

Background: At issue is the special injury requirement of standing in situations when a party challenges governmental action in land use matters under the State Environmental Quality Review Act. The petitioner alleges that there is increased train noise as a result of the defendants’ actions.

Ruling: The Court of Appeals held that the harm alleged must be specific to the individuals who allege it and must be different in kind or degree from the public at large. However, such harm need not be unique. The court also noted that the number of people who are affected by the challenged action is not dispositive of standing. What is dispositive is that there is an allegation of a particularized harm that may also be inflicted upon others in the community who live near the tracks.

Richard Lippes for the appellants; Joseph D. Picciotti for the respondents

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