SEQRA: H.H. Warner LLC v. Rochester Genesee Regional Transportation Authority

Appellate Division, Fourth Department

SEQRA

Scope of Review

H.H. Warner LLC v. Rochester Genesee Regional Transportation Authority
OP 11-01202
Initiated in Fourth Department

Background: The petitioner commenced the proceeding in order to annul the determination to condemn three of its parcels in downtown Rochester, which are currently parking lots, for use as a regional and intercity bus transit center. The petitioner challenged whether the respondent’s determinations were made in accordance with procedures set forth in the State Environmental Quality Review Act.

Ruling: The Appellate Division found that there was no error in law, nor was the respondent’s determination arbitrary or capricious. The respondent’s determination was based on a full review of the project. Moreover, when it was discovered that the scope of the bus terminal project would change, the respondent performed another review of the plans and considered all possible factors.

James S. Grossman of Hiscock & Barclay LLP for the petitioner; Kathleen M. Bennett of Bond, Schoeneck & King PLLC for the respondent