• EDPL § 207 Trumps CPLR Article 78 Statute Of Limitations
  • November 24, 2011 | Authors: Marie Butchello; Karla M. Corpus
  • Law Firms: Hiscock & Barclay, LLP - Buffalo Office ; Hiscock & Barclay, LLP - Syracuse Office
  • In a September 30, 2011 decision, the Appellate Division Fourth Department held that a Petitioner in a proceeding under Article 2 of the Eminent Domain Procedure Law timely challenged the Respondent agency’s environmental determination despite the fact that more than four months had passed since the agency issued its negative declaration for the project under the State Environmental Quality Review Act (“SEQRA”). In H.H. Warner, LLC v. Rochester Genesee Regional Transportation Authority, Petitioner H.H. Warner commenced a proceeding under Article 2 of the Eminent Domain Procedure Law challenging RGRTA’s Determination and Findings to condemn Petitioner’s property for its proposed Renaissance Square Transit Center. H.H. Warner brought its challenge on the grounds that RGRTA failed to comply with SEQRA.