Matter of WEOK Broadcasting Corp. v. Planning Bd. of the Town of Lloyd

In Matter of WEOK Broadcasting Corp. v. Planning Bd. of the Town of Lloyd, 79 N.Y.2d 373, petitioner had provided empirical data showing that there would be no visual impact to neighboring properties as a result of the project in question. The neighbors rebutted this data with generalized objections to the effect that a neighboring property would necessarily be visually impacted by the project. The Court reversed the agency's finding of a significant environmental effect holding: "Respondent's finding that there may be a visual impact from the FDR homestead is unsupported by any factual data, scientific authority or any explanatory information such as would constitute substantial evidence. Thus, respondent's conclusory finding that there would be an unacceptable negative aesthetic impact ... cannot be deemed 'reasoned elaboration' of its determination .... Although a particular kind or quantum of 'expert' evidence is not necessary in every case to support an agency's SEQRA determination, here, the record contains no factual evidence, expert or otherwise, to counter the extensive factual evidence submitted by petitioner. To permit SEQRA determinations to be based on no more than generalized, speculative comments and opinions of local residents and other agencies, would authorize agencies conducting SEQRA reviews to exercise unbridled discretion in making their determinations and would not fulfill SEQRA's mandate that a balance be struck between social and economic goals and concerns about the environment ...." (Matter of WEOK Broadcasting Corp., 79 N.Y.2d at 384-385.)