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Court of Appeals of New York


In re: Lighthouse Pointe Property Associates LLC, 3

In an Article 78 proceeding challenging the decision by the New York State Department of Environmental Conservation to deny petitioner's requests for acceptance of certain real property into an environmental cleanup program, the appellate division's order reversing the grant of the petition is reversed where the Department acted arbitrarily and capriciously and contrary to law when it determined that the real property addressed in petitioner's requests did not fall within the statutory definition of a brownfield site.

Appellate Information

  • Decided 02/18/2010
  • Published 02/18/2010

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Court

  • Court of Appeals of New York

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