Sylvan Development Corp. v. Westchester Joint Water Works, 853 N.Y.S.2d 918 (2d Dep’t 2008).
Tax Certiorari & Condemnation – Appellate Practice – Prior Negative Declarations Support Long, Hard Look
As part of their work, Tax Certiorari and Condemnation lawyers must understand environmental issues and their impact on a property’s valuation. Representing Westchester Joint Water Works (WJWW), Stephen Davis successfully upheld WJWW’s condemnation against attack from an alleged failure of WJWW to undertake adequate environmental considerations. Exercising its original jurisdiction, the Appellate Division sustained the argument that WJWW properly relied upon three prior negative declarations for the affected subdivision in discharging WJWW’s obligation to take and consider the required long, hard look at the project’s effect upon the environment.