After a lengthy delay, the Seneca Meadows Inc. Article 78 lawsuit against the town over Local Law 3 of 2016 is now moving forward.
Lawyers for SMI filed a memorandum of law Nov. 22, as directed by State Supreme Court Justice Daniel Doyle.
It lists four “points of law” or legal reasons to justify the landfill’s claim that the local law, which would require the landfill to close by Dec. 31, 2025, is null and void. Those points are:
Environmental Review: The Town Board failed to comply with requirements of the State Environmental Quality Review Act in the process of adopting the law by a 3-2 vote on Dec. 6, 2016.
The memo states that SEQR first requires an Environmental Assessment Form, used to collect information about the proposed action to determine whether the action will have an impact on the environment. SMI lawyers said the town, as lead agency, must next make a determination of significance and decide whether the proposed action “may include the potential of at least one significant adverse environmental impact.”