Malone Jr., J.
Plaintiffs commenced this action seeking damages and a permanent injunction prohibiting defendant from constructing a water tank—35 feet in diameter and 30 feet high—on a parcel of land that abuts their property. Specifically, plaintiffs alleged that defendant violated the State Environmental Quality Review Act (see ECL art 8 [hereinafter SEQRA]), that defendant's construction of the tank would constitute an unlawful taking, and...
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