Rediker v. Zoning Board of Appeals of the Town of Philipstown

In Rediker v. Zoning Board of Appeals of the Town of Philipstown, 280 A.D.2d 548, the Appellate Division, Second Department, held that homeowners, living within one- third mile from the site of a proposed cellular tower, lacked standing to make a challenge to the land use action based essentially on an allegation that the special use permit was granted without hearing their objections or considering evidence supporting opposition. Specifically, the petitioners in that Article 78 Proceeding alleged that the applicant submitted information to the municipality after the close of the public hearing. Applying the reasoning set forth in The Society of Plastics case, the Appellate Court found that petitioners had failed to allege "injury different in kind or degree from that suffered by all in the general vicinity".