ROCK HILL—According to a Sullivan County Supreme Court filing, the Article 78 petition against the Thompson Planning Board and the Avon Warehouse project was denied by the Honorable David M. Gandin.

Residents and businesses opposed to the project filed a petition citing Article 78, seeking to vacate and annul the Thompson Planning Board approved negative declaration in June 2022.

Thompson Planning Board declared “Neg Dec” on the Avon Warehouse project last year, stating the project would not have a negative impact on the en- vironment under New York’s State Environmental Quality Review Act (SEQR).

However, residents and organizations like The Lake Communities Alliance (LCA) said instead, the project would have an adverse environmental impact due to the fact the project involves clearing trees along with soil and water disturbances.

The developers are projected to build town warehouse buildings totaling

560,000 square feet and propose changing traffic patterns within Rock Hill to accommodate increased traffic flow.

The petition filed against the project said the Thomp- son Planning Board failed to do an in-depth analysis on the site to warrant a Neg Dec, such as air quality testing, wetlands, and many others that were left unaddressed, according to the petition.

An Article 78 proceeding is used to appeal a recent decision made by a local agency, and the suit named the Thompson Planning Board and Glen Wild Land Co. LLC as defendants.

The courts established that the Thompson Planning Board took a “requisite hard look at the potential envi- ronmental consequences of the proposed project before issuing the negative declaration.”

Furthermore, the court disagreed with the suit’s assertion that the Neg Dec should be annulled on “grounds that the Avon Commercial Park will be used as a distribution center in violation of the Town of Thompson’s Town Code.”

The court said the “SEQRA review may not serve as a ve- hicle for adjudicating legal issues concerning compli- ance with local government zoning.”

Chet Smith, a resident of Rock Hill and one of those who filed the Article 78 suit, said, “It is our belief the Judge erred in a matter of law that has a significant impact on the community.”

According to the courts, the project was approved for a warehouse facility under the town code and will need to comply with any zoning laws if the project should seek other uses down the road.

Moreover, the filing said those who filed Article 78 expressed concerns that the project would have other uses other than what was approved; the court filing said, “their content is specu- lative and thus not ripe for judicial review.”

Smith added, “We are extremely disappointed and are exploring our options.”

The LCA said it is also disappointed that Article 78 was denied.

“It is a  decision which will result in a negative impact on the community and it sets a terrible precedent for similar projects. The LCA mission is to hold developers and elected officials accountable to rules and laws regarding development.  So it is beyond discouraging when the court of law does not back us up. We are currently exploring our options,” they said in a statement to the Democrat.

The Democrat reached out to the attorneys for the Avon Commercial project but did not hear back by presstime.