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Last month the Court of Appeals addressed the state’s exercise of its power of eminent domain for the Atlantic Yards project, as well as whether petitioners who first challenged the state’s determination in federal court could then appeal the determination to the Appellate Division. In another decision, the Court rejected challenges to two directives by executive and county officials that recognized same-sex marriages performed out of state for the purpose of making certain benefits available to the same-sex spouses of public employees. And in an action involving development near the Pine Bush area, the Court recognized that even good faith environmental challenges can be very burdensome and engender delay, and thus sought to strike a balance in deciding both of the issues before it, namely standing to challenge development on environmental impact grounds and the standard for judicial review of government assessments of the impact of rezoning. We discuss these decisions below.

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