Jul. 08, 2021

Whiteman Osterman & Hanna Successfully Obtains Reversal of a Trial Court Order that had Halted Review of a Costco Wholesale Facility in Guilderland

Whiteman Osterman & Hanna attorneys Robert Sweeney, Tom Shepardson, Rob Rosborough and Gabriella Levine, recently obtained a favorable decision from the Appellate Division, Third Department, which reversed in its entirety a trial court order that had annulled a site plan approval for a mixed use residential project and the State Environmental Quality Review Act review of a proposed Costco Wholesale facility in the Town of Guilderland adjacent to Crossgates Mall.

In a comprehensive 18-page opinion, largely adopting the arguments that the Firm made on behalf of Pyramid Management Group, LLC and related entities, the Third Department held that the Town of Guilderland Planning Board’s comprehensive 2-year SEQRA review of the projects was “proper and thorough” and complied with all of SEQRA’s procedural and substantive mandates.  A copy of the Third Department’s Memorandum and Order can be found here..

The Firm is proud to have represented Pyramid and its related entities in obtaining this important favorable result.  A copy of the Firm’s appellate brief to the Third Department can be found here..