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SCOTT v. CITY OF BUFFALO

2006-1189.

2008 NY Slip Op 51738 (U)

PASTOR KEITH H. SCOTT, Sr., DORA RICHARDSON, JOSEPHINE RUSH, JOHN and SHELLEY McKENDRY, GEOFFREY D. BUTLER, Petitioners, v. CITY OF BUFFALO; COMMON COUNCIL OF THE CITY OF BUFFALO; BYRON BROWN, in his Official Capacity As Mayor of the CITY OF BUFFALO; CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS; DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTION; BUFFALO SEWER AUTHORITY; and BUFFALO WATER BOARD, Respondents.

Supreme Court of the State of New York, Erie County.

Decided July 3, 2008.

Attorney(s) appearing for the Case

THE KNOER GROUP, PLLC, Robert E. Knoer, Esq., of Counsel, Richard E. Stanton, Esq., of Counsel, Buffalo, New York, for Petitioners.

RICHARD LIPPES AND ASSOCIATES, Richard J. Lippes, Esq., of Counsel, Buffalo, New York, JACKSON & JACKSON, Michael Lee Jackson, Esq., of Counsel, Rachel E. Jackson, Esq., of Counsel, Buffalo, New York, Petitioners.

PHILLIPS LYTLE LLP, Adam S. Walters, Esq., of Counsel, Buffalo, New York, for Respondents.

JOSEPH G. MAKOWSKI, J.

PRELIMINARY STATEMENT

This Article 78 action involves a challenge to the segmented environmental impact review conducted by the City of Buffalo Common Council (hereinafter referred to as the "Common Council") pursuant to the State Environmental Quality Review Act (hereinafter referred to as "SEQR") and the City of Buffalo's SEQR Review Ordinance (hereinafter referred to as "CERO") and approval of a certain agreement entered into between...

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