New York High Court Rules New York City’s DEP Abused Its Discretion in Exercising Jurisdiction over Proposed Subsurface Sewage Treatment System
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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.
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Read related items on:
Topics) Land Use) Variances
Topics) Land Use) Waste Disposal Systems
Topics) Water Quality) Stormwater
New York) New York City
Appellate Division - Supreme Court
New York City Department of Environmental Protection
Nilsson v. New York City Department of Environmental Protection