Property Rights Foundation of America®

News Brief - Summer 2002:

Court Rules that LaGrasse Had No Right to Challenge New APA Rules

Albany County Supreme Court Justice Joseph Cannizzaro ruled on November 26, 2001 that because Carol LaGrasse did not have any specific matters before the APA, she did not have standing to challenge the legality of several new regulations that went into effect in January 2001, even though she is a property owner in the Adirondack Park. She had challenged the entire group of changes to regulations on the basis of illegally "segmenting" a project under the State environmental law, because the first phase of new rules was promulgated without the interrelated subsequent phases available for comment. Bringing to the court her comments made at a formal hearing about the rules, she also claimed that the APA illegally gave itself a number of new powers that it did not have in the APA law.

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