Supreme Court Decision For Propane Storage Terminal

On November 27, 2023, the Supreme Court of Albany County voided the Town of Coeymans Planning Board’s decision that Marebo, LLC (an affiliate of Long Energy) would not be allowed to build a propane fuel storage terminal on commercial land in the Town of Coeymans. Instead, the Court directed the Planning Board to promptly approve the applications of Marebo, LLC for a propane storage terminal, and that Robert Nolan and Joseph Cinque shall not participate in such further proceedings due to conflicts of interest.

While the full decision can be read here, below are some important points from the Court:

  1. For reasons explained below, Nolan’s participation after his ostensible recusal constituted a violation of lawful procedure that justifies annulment of the board’s determination.”
  2. “Turning to Nolan’s post-recusal conduct, the special proceeding record (including videotapes of relevant planning board meetings) reveals that he sought to influence administrative action on the application after he recused. Specifically, he directly participated from the dais during the February 13,2023 meeting when the propriety of opening the public hearing was debated, prompting a contentious exchange with the board’s counsel, who resigned several days after Nolan’s counsel complained about him to the supervisor. Nolan oversaw the planning board’s advisory recommendation of Cinque, the alternate member whose first anticipated official act was to substitute for Nolan and Collins in considering the Marebo matter.”
  3. “Taken together, Nolan’s conduct after recusal, directly and through counsel, sought to influence the planning board’s consideration of petitioner’s application.”
  4. Cinque’s participation also tainted the board’s deliberations because he seemingly obtained information about the matter from Nolan even after Nolan recused due to conflict of interest.
  5. “Once petitioner established compliance with the requisites for special use permit and site plan approvals, the board retained discretion to impose reasonable conditions tailored to the site and the surrounding neighborhood and infrastructure.” “Rather than debating the options for these conditions, three members disregarded the administrative record and based their negative votes on unsupported conclusions or unlawful grounds, rendering the de facto denial arbitrary and unlawful.”

Long Energy appreciates all the support from the

Town of Coeymans and surrounding areas!

author avatar