Public hearings are required to be registered by the City clerk to the City Planning Board, and according to the suit, "no record" of the Public hearing on March 7, presenting the initial proposal to the public, was made within the City's Clerk office or Planning Board. Comments from Erie County Division of planning on the SEQRA. The suit also alleges that the Common council and Planning Board also violated the State's Environmental Quality Review Act or SEQRA and the City's Environmental Review Ordinance by allowing the Planning Board to be the "lead agency" instead of the Common Council. A lead agency is an involved agency principally responsible for undertaking or approving an action and therefore responsible for determining whether an Environmental Impact Statement or EIS is needed, according to the SEQRA regulations. The suit also states that the hotel proposal "constitutes an action under the SEQRA" because the ptoject could "affect the environment by changing the use, appearance or condition of any natural resource or structure that requires one or more approvals from an agency or agencies" and that the Common Council and Planning Board are "obliged to comply with both the letter [ reccomendations ] and spirit of the SEQRA review process" which include idenifying the areas of envirnmental concerns and taking a "hard look" at them. The suit also claims that the Common Council has the "sole authority to grant Savarino Construction's rezoning request" and "to approve the special development plan," but it also claims that the Planning Board is "an involved agency" but that it is "clearly subordinate to that of the Common Council" therefore the decision made by both the Council and Planning Board to allow the Planning Board to be the 'lead agency,' is in "violation" of the State's SEQRA and "renders all determinations" made by the Planning Board and Common Council on March 14, 21, and 28, 2006, "void and unauthorized." It goes on to say that the Council "proceeded without or in excess of their jurisdiction, and/or made a determination in violation of lawful procedure, affected by an error of law, and/or in an arbitrary and capricious manner." It also states that unless the requirements of the SEQRA are met, then the petitioners have the right to "seek a temporary restraining order" from the Court if circumstances require it. The suit also states that a failure to grant a preliminary injunction, through the courts, will result in "irreparable injury" to the petitioners and that the Council and Plannig Board have failed to comply with the requirements of the SEQRA and have violated several other state laws and city codes.
Public hearings are required to be registered by the City clerk to the City Planning Board, and according to the suit, "no record" of the Public hearing on March 7, presenting the initial proposal to the public, was made within the City's Clerk office or Planning Board. Comments from Erie County Division of planning on the SEQRA. The suit also alleges that the Common council and Planning Board also violated the State's Environmental Quality Review Act or SEQRA and the City's Environmental Review Ordinance by allowing the Planning Board to be the "lead agency" instead of the Common Council. A lead agency is an involved agency principally responsible for undertaking or approving an action and therefore responsible for determining whether an Environmental Impact Statement or EIS is needed, according to the SEQRA regulations. The suit also states that the hotel proposal "constitutes an action under the SEQRA" because the project could "affect the environment by changing the use, appearance or condition of any natural resource or structure that requires one or more approvals from an agency or agencies" and that the Common Council and Planning Board are "obliged to comply with both the letter [ recommendations ] and spirit of the SEQRA review process" which include identifying the areas of environmental concerns and taking a "hard look" at them. The suit also claims that the Common Council has the "sole authority to grant Savarino Construction's rezoning request" and "to approve the special development plan," but it also claims that the Planning Board is "an involved agency" but that it is "clearly subordinate to that of the Common Council" therefore the decision made by both the Council and Planning Board to allow the Planning Board to be the 'lead agency,' is in "violation" of the State's SEQRA and "renders all determinations" made by the Planning Board and Common Council on March 14, 21, and 28, 2006, "void and unauthorized." It goes on to say that the Council "proceeded without or in excess of their jurisdiction, and/or made a determination in violation of lawful procedure, affected by an error of law, and/or in an arbitrary and capricious manner." It also states that unless the requirements of the SEQRA are met, then the petitioners have the right to "seek a temporary restraining order" from the Court if circumstances require it. The suit also states that a failure to grant a preliminary injunction, through the courts, will result in "irreparable injury" to the petitioners and that the Council and Planing Board have failed to comply with the requirements of the SEQRA and have violated several other state laws and city codes.
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