Seneca Meadows, Inc. v. Town of Seneca Falls

• Decision Date: 26 August 2021
• Docket Number: 507,CA 20-01397
• Parties: In the Matter of the Application of SENECA MEADOWS, INC., Petitioner-Plaintiff-Appellant, v. TOWN OF SENECA FALLS and Town of Seneca Falls Town Board, Respondents-Defendants-Respondents. Concerned Citizens of Seneca County, Inc. and Dixie D. Lemmon, Intervenors-Respondents.
• Court: New York Supreme Court — Appellate Division

197 A.D.3d 932
152 N.Y.S.3d 873

In the Matter of the Application of SENECA MEADOWS, INC., Petitioner-Plaintiff-Appellant,
v.
TOWN OF SENECA FALLS and Town of Seneca Falls Town Board, Respondents-Defendants-Respondents.

Concerned Citizens of Seneca County, Inc. and Dixie D. Lemmon, Intervenors-Respondents.

507
CA 20-01397

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: August 26, 2021

NIXON PEABODY LLP, ROCHESTER (RICHARD A. MCGUIRK OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

BOYLAN CODE LLP, ROCHESTER (DAVID K. HOU OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

DOUGLAS H. ZAMELIS, COOPERSTOWN, FOR INTERVENORS-RESPONDENTS.

PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

197 A.D.3d 933

It is hereby ORDERED that the order and judgment so appealed from is unanimously reversed on the law without costs, the motions are denied, and the petition-complaint is reinstated.

Memorandum: Petitioner-plaintiff (petitioner) has operated a solid waste disposal facility in respondent-defendant Town of Seneca Falls (Town) for several decades pursuant to lawfully-issued permits issued by the New York State Department of Environmental Conservation (DEC). Respondent-defendant Town of Seneca Falls Town Board (Town Board) enacted the Town of Seneca Falls Local Law #3 of 2016 (2016 Law), effective December 30, 2016, which prohibited solid waste disposal facilities in the Town but permitted existing facilities that operate pursuant to a valid DEC permit to continue to operate for the duration of the permit, but not beyond December 31, 2025. In February 2017, petitioner commenced a proceeding/action challenging the 2016 Law (first proceeding). On May 5, 2017, the Town Board enacted the Town of Seneca Falls Local Law No. 2 of 2017 (2017 Law), which rescinded the 2016 Law. Believing that the first proceeding was now moot, petitioner voluntarily discontinued it without prejudice. In the meantime, however, a third party commenced a CPLR article 78 proceeding challenging the 2017 Law and, in an order dated October 16, 2017, Supreme Court (Kocher, A.J.) granted the petition and annulled the 2017 Law, thus effectively reinstating the 2016 Law. Petitioner then commenced the instant proceeding/action on November 15, 2017 (second proceeding). Intervenors and the Town and Town Board moved to dismiss the second proceeding pursuant to CPLR 3211 (a) (1), (5), and (7). Supreme Court (Doyle, J.) granted the motions, and we now reverse.

We agree with petitioner that the court erred in granting those parts of the motions seeking to dismiss the first, second, and fourth causes of action as untimely. It is well settled that a CPLR "[a]rticle 78 proceeding[ ] must be commenced within four months after the determination to be reviewed becomes ‘final and binding’ upon the petitioner" (

152 N.Y.S.3d 875

New York State Assn. of Counties v. Axelrod , 78 N.Y.2d 158, 165, 573 N.Y.S.2d 25, 577 N.E.2d 16 [1991], quoting CPLR 217 [1] ). The 2016 Law was enacted and filed with the New York State Department of State on December 30, 2016, which was a final and binding determination that began the running of the statute of limitations (see Matter of Clear Channel Outdoor, Inc. v. Town Bd. of Town of Windham , 9 A.D.3d 802, 804, 780 N.Y.S.2d 822 [3d Dept. 2004] ), and petitioner commenced the first proceeding within four months of that date. We reject the contention of intervenors and the Town and Town Board, however, that the

197 A.D.3d 934

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