“The Third Department appellate division issued its decision today (Aug. 23, 2012) affirming the lower court’s dismissal of Bill and Cyndi Miner’s lawsuit, which challenged the placement of Long Energy’s 30,000-gallon propane storage tank less than 200 feet from their living room in Duanesburg under the category of a “retail store”. The decision states that “The entire petition is properly dismissed based on the doctrine of laches, which respondents pleaded and proved.” Basically, the court said that because the Miners waited until the facility was almost completed to bring their lawsuit, it would be unfair to Long Energy to let them challenge the issuance of the special use permit.
The Appellate Court did not say that it was proper to put a propane storage facility at that location, but merely said the Miners filed too late, even though they filed within the statute of limitations. No issues were dealt with “on the merits,” so the Court did not decide whether a bulk storage facility can be considered a “retail store” when there are no personnel, no buildings, and no sales or customers on the premises, nor whether the danger from putting a high-hazard facility so close to homes (and a church and a welding operation) was adequately considered by the Planning Board .”
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Snowmen At The Gates Blog 23 August 2012.