PEEKSKILL, N.Y. – The Peekskill Common Council has approved an Article 78 lawsuit over a methadone clinic approved last month by the city’s Planning Commission.
The council voted to allow its law firm to draft a lawsuit challenging the planned clinic on Corporate Drive, which was approved by the Planning Commission on Oct. 10 despite protests from numerous city residents. An Article 78 proceeding is a judicial review that determines whether an official action was legally justifiable.
“The Common Council, acting in furtherance of its responsibility to determine the policies of the City of Peekskill, finds that it is necessary for the Common Council to challenge the Planning Commission's determination on the ground that the determination is arbitrary and capricious, erroneous as a matter of law and beyond the jurisdiction of the Planning Commission,” read the resolution approved Tuesday night.
The company looking to build the clinic, the Elmsford-based Renaissance Project Inc., was approved by the Planning Commission in the summer. However, nearby Cortlandt residents were not notified of the public hearing on the clinic, so the initial approval was voided by the city.
The clinic is currently located at Hudson Valley Hospital Center in Cortlandt. Renaissance representatives have said they need a larger space to treat more patients.
The law firm representing the council released a statement opposing the clinic prior to the approval, arguing that it does not fall within the definition of professional office space, which the area is zoned for.
Residents and public officials of both Peekskill and Cortlandt have voiced concerns over traffic and safety issues that the clinic could bring. An online petition protesting the proposed clinic has received hundreds of signatures.