Village of Skaneateles v. Board of Educ. of Skaneateles Cent. School Dist.

• Decision Date: 25 June 1999
• Citation: 180 Misc.2d 591,689 N.Y.S.2d 865
• Parties: 1999 N.Y. Slip Op. 99,216 VILLAGE OF SKANEATELES et al., Plaintiffs-Petitioners, v. BOARD OF EDUCATION OF the SKANEATELES CENTRAL SCHOOL DISTRICT et al., Defendants-Respondents.
• Court: New York Supreme Court

Page 865

689 N.Y.S.2d 865

1999 N.Y. Slip Op. 99,216

VILLAGE OF SKANEATELES et al., Plaintiffs-Petitioners, v. BOARD OF EDUCATION OF the SKANEATELES CENTRAL SCHOOL DISTRICT et al., Defendants-Respondents.

Supreme Court, Albany County, New York.

June 25, 1999.

Failmerger & Liegel, Syracuse (Robert G. Liegel of counsel), for Village of Skaneateles, plaintiff-petitioner.

Joseph E. Lamendola, Corporation Counsel, for City of Syracuse, plaintiff-petitioner.

Milford, Lynch & Shannon, Skaneateles, (John M. Shannon of counsel), for Board of Education of Skaneateles Central School District and another, defendants-respondents.

Eliot Spitzer, Attorney-General, Albany (Leona D. Jochnowitz of counsel), for Commissioner of Education of State of New York, defendant-respondent.

GEORGE B. CERESIA, JR., J.

This is a combined declaratory judgment action and CPLR article 78 proceeding brought by the Village of Skaneateles and the City of Syracuse against the Skaneateles School District and its Board of Education ("the School District") and the State Education Commissioner ("Commissioner") seeking to prevent the construction of a school bus garage and fueling facility ("the project") on a seven acre parcel in the Town of Skaneateles.

On October 2, 1997, the Town Board of the Town of Skaneateles approved the conveyance of the parcel to the School District. On October 6, 1997, the School District submitted an application to SED for construction of the project pursuant to Education Law § 408. The State Education Department ("SED"), acting as the lead agency for purposes of SEQRA review, determined the project was a Type I action as defined by 6 N.Y.C.R.R. 617.4(b) and issued a positive declaration. On October 14, 1997, SED issued a Notice of Completion of DEIS, including notice of a 30-day comment period ending on November 14, 1997. This Notice was sent to the parties as required by 6 N.Y.C.R.R. 617.12(b). SED concedes that the publication of notice in the Environmental Notice Bulletin is mandated by 6 N.Y.C.R.R. 617.12(c)(1), but its only responsibility was to file the notice with the State Department of Environmental Conservation ("DEC").

During the 30-day comment period, the School District held hearings on the project. Written comments from plaintiff City's Water Commissioner were sent to the School District but not conveyed to SED until after the end of the comment period. Although the DEIS identified some concerns regarding drainage problems that might potentially affect the Skaneateles Lake watershed area, SED concluded based on engineering reports that these could be adequately mitigated. On November 18, 1997, SED issued and circulated a negative declaration for the project. Again, it concedes that no notice of negative declaration was published in the Environmental News Bulletin. On November 19, 1997, school district voters approved the project.

This action was commenced by the filing of a Summons and Complaint/Notice of Petition and Petition in the Albany County Clerk's Office on March 6, 1998. An amended verified complaint/petition dated July 23, 1998 was filed. The action/proceeding seeks an Order prohibiting the School District from beginning construction until it has been reviewed for conformance with the local zoning ordinance, prohibiting conveyance of the land to the school district until a permissive referendum has approved the transfer, annulling the school district vote approving the project, annulling the Education Commissioner's negative declaration for the project and compelling a new school district vote after completion of a Final Environmental Impact Statement; prohibiting the Commissioner from issuing a building permit until a Final Environmental Impact Statement has been completed.

The school district has answered requesting that the complaint be dismissed and asserting nine affirmative defenses. Defendant-Respondent Commissioner of Education has answered, interposed three objections in point of law and asserted an affirmative defense. Also pending is a motion by plaintiffs-petitioners for an Order declaring that a Notice of Claim pursuant to Education Law s. 3813 is not required, or alternatively has been filed, or alternatively extending the time for its filing. Defendants-Respondents have not opposed the motion.

Initially, the Court agrees with plaintiffs-petitioners that the action/proceeding falls within the "public interest" exception to the Notice of Claim requirement. Education Law requires a petitioner or plaintiff to file a verified notice with the school district or board within three months of the accrual of the claim as a condition precedent to the commencement of an action or special proceeding, "for any cause whatever," giving the body or officer with the power to adjust the claim 30 days in which to do so (Education Law § 3818). Courts have excepted actions from the notice of claim requirement when the action is brought to protect a public, rather than a private right (Rampello v. East Irondequoit Cent. School Dist., 236 A.D.2d 797, 653 N.Y.S.2d 469, White v. Freyman, 171 Misc.2d 767, 655 N.Y.S.2d 728, citing Mills v. County of Monroe, 59 N.Y.2d 307, 311, 464 N.Y.S.2d 709, 451 N.E.2d 456). Here, petitioners'-plaintiffs' central concern in bringing this action is clearly whether the project threatens the Skaneateles Lake watershed area which serves as a public drinking water supply. As such, it falls squarely within the public interest exception.

Turning to the substance of the action, plaintiffs-petitioners take issue with each of the steps in the project approval process to date.

First, they allege that the Town's authorization of the conveyance of the property was improper because it did not make the conveyance subject to a permissive referendum by Town voters as required by Town Law §§ 64(2) and 90. They also claim the Resolution was flawed because it did not include the requisite finding and declaration that the property was no longer needed for town purposes.

Secondly, they argue that the Commissioner's Negative Declaration should be rescinded based upon several alleged improprieties in the SEQRA process. They allege that Defendants-Respondents failed to exercise sufficient diligence in identifying interested and involved parties and failed to publish required notices. They contend that these procedural shortcomings prevented a thorough discussion of the issues which might have changed the Commissioner's decision to issue a negative declaration as well as the approval of the project by school district voters. They maintain that these procedural defects are fatal. They also contend that a Town highway garage is planned for the site which should be made part of the review of this project. The fact that it has not been, they argue, amounts to illegal segmentation of the review process.

Third, they ask the Court to declare that the project is subject to, and in violation of the Town Zoning Ordinance. Although they recognize the State's primacy in the siting of educational facilities, they rely on Cornell University v. Bagnardi, 68 N.Y.2d 583, 510 N.Y.S.2d 861, 503 N.E.2d 509, for the proposition that public health considerations must also be taken into account (id.).

Defendants-respondents answer that any challenges to the Town Resolution authorizing conveyance of the property are time barred. They contend that school construction projects are a matter of state concern and exempt from local zoning laws. They deny any concrete future plans for the...