Article 78 - Matter of Brander v Town of Warren Town Board

Article%2078%20Decision.doc

ORDERED, that the actions of the respondents Town of Warren Town Board and Town of Stark Town Board pursuant to SEQRA and its regulations, in their adoption of the FEIS and issuance of the subject special use permits, are annulled and vacated as is fully set forth above, and it is further

ORDERED, that the SEQRA review is remanded to the respondent Town of Warren Town Board for compliance with the SEQRA process consistent with this Decision and Order, and it is further

ORDERED, that the determinations made by the respondents Town of Warren Town Board and Town of Stark Town Board made after the improperly closed executive sessions held in violations of the Open Meeting Law are annulled and vacated as is set forth above, and it is further

ORDERED, that plaintiffs are entitled to attorneys fees solely on this issue of the violation of Open Meetings Law. Counsel for petitioners is directed to submit an affidavit regarding services rendered therefor, and it is further

ORDERED, that the remaining contentions set forth in the petition are denied as without merit, and it is further

ORDERED, that the respondent's cross-motion pursuant to CPLR §3024(b) is granted.