JUDICIAL DEVELOPMENTS

May 2007

To read this entire item of approximately 1000 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

New York High Court Rules New York City’s DEP Abused Its Discretion in Exercising Jurisdiction over Proposed Subsurface Sewage Treatment System
Nilsson v. Department of Environmental Protection of City of New York

In a rare victory for landowners and developers, the New York Court of Appeals (New York’s highest Court) found that the New York City Department of Environmental Protection (DEP), in considering a request for a variance to construct a waste disposal system to service a proposed residence within the New York Watershed, had gone too far in requesting information about Nilsson’s neighboring parcels. The Court remanded the matter to DEP for more appropriate inquiry relating the nature of ‘hardship’ in conjunction with construction of a waste disposal/ treatment facility.