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Article 78 proceeding filed against New Baltimore business expansion dismissed

Feb 22, 2021 5:45 am

Melanie Lekocevic is reporting for Capital Region Independent Media an Article 78 proceeding to stop the expansion of C.A. Albright and Sons in the town of New Baltimore has been dismissed. The Article 78 was filed by New Baltimore resident Zachary Miller, against the propane company and the town for the approval of a plan to expand the company's liquefied petroleum gas storage and distribution facilities on Route 9W, at the intersection with Route 144. Following the town's approval of Albright's site plan and a special use permit in September 2020, Miller took legal action on October 5, demanding the company stop all work at the site. Miller argued he frequently uses the intersection of routes 144 and 9W and that he feared the expansion would cause the roads in the area to become more dangerous. Miller said his father died in an automobile crash near that location years ago. The court found Miller did not have legal standing and dismissed the case. “Critically, plaintiff-petitioner has not demonstrated that he will suffer an injury that is different in any way than the general public in the vicinity of the proposed project,” the court wrote. “Generalized assertions regarding traffic safety concerns and environmental concerns are insufficient to satisfy the burden to establish standing.” He also claimed the project threatened an endangered species, which the Department of Environmental Conservation and the Army Corps of Engineers found to be untrue. Read the full story in The Ravena News-Herald.

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