NYS Supreme Court rules against Hurley Govt’s appeal on Dunkin Project

Proposed Dunkin Rendering

The state Supreme Court’s Appellate Division in Albany ruled on July 6 in the case regarding the proposed Dunkin Donuts at the intersection of Routes 28 and 375 in the Town of Hurley. The court found that while the Planning Board did not violate Open Meetings Laws, the concerns that led to the denial of the application were without merit. The court found that the Planning Board’s denial of the project was arbitrary and capricious, and without support in the record.  

Based on the decision, the Court found that denial of the project for traffic reasons was completely unsupported by the record (including internal traffic circulation, Fire Code issues, etc.).   The court also stated that the Planning Board acted in favor of public opposition without any support in the record, including the worry about a “mom+pop” store.

This decision follows a prior court case loss in June of 2022 by the town over the Dunkin application.

The court has sent the matter back to the Planning Board for “further proceedings not inconsistent with this decision."