6 New York opinions name it 3 courts 2016–2025 4 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sun-Brite Car Wash, Inc. v. Board of Zoning & Appealsgreen2 sentences2025"An allegation of close proximity alone may give rise to an inference of damage or injury" that enables a nearby property owner to challenge a land use decision without proof of actual injury ( Matter of Sun—Brite Car Wash v Bd of Zoning & Appeals of Town of N. Hempstead, 69 NY2d 406 [1987]). 2016As to the requirement of injury-in-fact, an allegation of close proximity alone may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. Hempstead, 69 NY2d 406 [1987]). | 2 | 4 |
Matter of CPD NY Energy Corp. v. Town of Poughkeepsie Planning Bd.green2 sentences2022"An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury" ( Matter of CPD NY Energy Corp. v Town of Poughkeepsie Planning Bd. , 139 AD3d 942, 943-944 ). 2022In land use matters, the petitioner "'must show that it would suffer direct harm, injury that is in some way different from that of the public at large'" ( id. at 6 , quoting Society of Plastics Indus. v County of Suffolk , 77 NY2d 761, 774 ; see 159-MP Corp. v CAB Bedford, LLC , 181 AD3d 758, 761 ). "'An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury'" ( 159-MP Corp. v CAB Bedford, LLC , 181 AD3d at 761 , quoting Matter of CPD NY Energy Corp. v Town of Poughkee | 1 | 4 |
159-MP Corp. v. CAB Bedford, LLCgreen2 sentences2022In land use matters, the petitioner "'must show that it would suffer direct harm, injury that is in some way different from that of the public at large'" ( id. at 6 , quoting Society of Plastics Indus. v County of Suffolk , 77 NY2d 761, 774 ; see 159-MP Corp. v CAB Bedford, LLC , 181 AD3d 758, 761 ). "'An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury'" ( 159-MP Corp. v CAB Bedford, LLC , 181 AD3d at 761 , quoting Matter of CPD NY Energy Corp. v Town of Poughkee 2022In land use matters, the petitioner "'must show that it would suffer direct harm, injury that is in some way different from that of the public at large'" ( id. at 6 , quoting Society of Plastics Indus. v County of Suffolk , 77 NY2d 761, 774 ; see 159-MP Corp. v CAB Bedford, LLC , 181 AD3d 758, 761 ). "'An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury'" ( 159-MP Corp. v CAB Bedford, LLC , 181 AD3d at 761 , quoting Matter of CPD NY Energy Corp. v Town of Poughkee | 1 | 1 |
The Matter of Sierra Club v. Village of Painted Postgreen1 sentence2016“The harm that is alleged must be specific to the individuals who allege it, and must be different in kind or degree from the public at large, but it need not be unique” (Matter of Sierra Club v Village of Painted Post, 26 NY3d 301, 311 [2015] [citation and internal quotation marks omitted]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Society of Plastics Industry, Inc. v. County of Suffolk
green
1 sentence2022In land use matters, the petitioner "'must show that it would suffer direct harm, injury that is in some way different from that of the public at large'" ( id. at 6 , quoting Society of Plastics Indus. v County of Suffolk , 77 NY2d 761, 774 ; see 159-MP Corp. v CAB Bedford, LLC , 181 AD3d 758, 761 ). "'An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury'" ( 159-MP Corp. v CAB Bedford, LLC , 181 AD3d at 761 , quoting Matter of CPD NY Energy Corp. v Town of Poughkee | 1 | 2022–2022 |
Tuxedo Land Trust, Inc. v. Town Board of Town of Tuxedo
green
1 sentence2022"Generally, the relevant distance is the distance between the petitioner's property and the actual structure or development itself, not the distance between the petitioner's property and the property line of the site" ( Matter of Tuxedo Land Trust., Inc. v Town Bd. of Town of Tuxedo , 112 AD3d 726 , 728). | 1 | 2022–2022 |
Association for a Better Long Island, Inc. v. New York State Department of Environmental Conservation
green
1 sentence2022In land use matters, the petitioner "'must show that it would suffer direct harm, injury that is in some way different from that of the public at large'" ( id. at 6 , quoting Society of Plastics Indus. v County of Suffolk , 77 NY2d 761, 774 ; see 159-MP Corp. v CAB Bedford, LLC , 181 AD3d 758, 761 ). "'An allegation of close proximity may give rise to an inference of damage or injury that enables a nearby property owner to challenge a land use decision without proof of actual injury'" ( 159-MP Corp. v CAB Bedford, LLC , 181 AD3d at 761 , quoting Matter of CPD NY Energy Corp. v Town of Poughkee | 1 | 2022–2022 |