Cuddy & Feder LLP Successfully Defeats Challenge to Client’s Approval to Build New Gas Station and Convenience Store in Article 78 Action

Cuddy & Feder secured a complete victory for its client, Stewart’s Shops Corporation (Stewarts), as the New York Supreme Court granted our motion to dismiss an action opposing the Town of Wallkill’s approval of Stewarts’ plan to build a gas station and convenience store.

The petitioners brought an action under Article 78 of the New York Civil Practice Law and Rules, arguing that construction of the gas station and convenience store would increase traffic in their neighborhood. The Town of Wallkill duly investigated the petitioners’ traffic concerns and found them without merit, and approved Stewarts’ plans. The petitioners accordingly sued.

Cuddy & Feder moved to dismiss the Article 78 petition on the ground that the petitioners lacked standing to bring their challenge to the Town’s approval of Stewarts’ plans. The Court agreed, finding that “the Petitioners have alleged nothing more than generalized and speculative traffic concerns, which are insufficient to confer standing in this challenge . . . because such allegations fail to demonstrate direct harm or injury that [is] different from that of the public at large.” On July 7, 2023, the Court granted our dismissal motion in its entirety.

The case is Crystal Run Sunoco v. Town of Wallkill Planning Bd., Index No. EF001163-2023 (Sup. Ct. Orange Cnty.). The Decision and Order may be found at Doc. No. 41.