Attorney Dan Richmond defeated an Article 78 challenge to zoning map and text amendments adopted by New York City City Council that will allow for the development a major mixed use project on Empire Boulevard in Brooklyn.  The Petition alleged a variety of deficiencies in the SEQRA review of the project and also included a “spot zoning” claim – i.e., an allegation that the zoning amendments were in “clear conflict” with the City’s official land use plans. The Petitioners sought to preliminarily enjoin the development of the project. Also, unusually for an Article 78 proceeding, the Petitioners moved for discovery and sought to enjoin the remediation of the site.

Dan successfully argued that the City Council lawfully considered all potential significant adverse environmental impacts under SEQRA and that Petitioners could not meet the requisite “heavy burden” for establishing a spot zoning claim. In response to the discovery motion, Dan highlighted caselaw establishing that judicial review of in Article 78 proceedings is confined to the facts and record before the agency, and that, in any event, the discovery sought posted-dated the City Council’s actions. The Court rejected the Petition and the various motions, including holding that the City Council took the requisite “hard look” under SEQRA.