Battle Between State Rules and Local Zoning Laws Plays Out in Sand Case
A recent decision by the New York Court of Appeals discusses whether the New York State Department of Environmental Conservation…
May 24, 2023
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Courts Continue To Refine Standing Rules in Land Use Matters
New York trial and appellate courts continue to decide challenges to new construction projects on standing grounds, with neighboring homeowners…
March 22, 2023
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Federal and Local Law Govern Requests To Construct Cell Towers
Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act…
January 25, 2023
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Judges, Recusals, and Zoning Disputes: What the Ethics Opinions Say
The Advisory Committee on Judicial Ethics provides ethics advice to New York judges, justices and quasi-judicial officials about their own…
November 30, 2022
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Tribal Fishing Rights on Trial in the Second Circuit
In late August, the U.S. Court of Appeals for the Second Circuit issued a decision that may have significant implications…
September 30, 2022
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An Old Law and Even Older Patent Resolve Modern Clamming Disputes
The Long Island Sound is one of the gems of New York State, recognized for its beauty, for its peacefulness,…
July 27, 2022
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‘Sign’ Ruling Brings Relief to NY’s Towns and Villages
On April 21, the U.S. Supreme Court issued its decision in City of Austin v. Reagan National Advertising of Austin,…
May 25, 2022
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Court of Appeals To Focus on ‘Prior Nonconforming Uses’
A “prior nonconforming use” is a use of property that existed before the enactment of a local zoning restriction that…
March 23, 2022
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Area Variances as a Special Use Permit ‘Workaround’
Thirty years ago, in 1992, the New York Legislature enacted legislation that included new Town Law §274-b, defining and governing…
January 26, 2022
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Housing To Take Center Stage In Wave of ‘Repurposings’
Retail malls, large shopping centers, office towers and industrial parks are at a crossroads. The shutdowns, lockdowns and other restrictions…
November 29, 2021
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Local Governments React to State’s Marijuana Law
Countless business owners, entrepreneurs, and individuals in New York celebrated the state’s passage in late March of the Marijuana Regulation…
September 22, 2021
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Dispute Over Sign Ordinance Reaches US Supreme Court
The U.S. Supreme Court does not take many land use-related cases. On June 28, however, it granted the petition for…
July 28, 2021
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Local Govt’s React to FCC’s ‘Small Cell’ Rules
Mobile wireless services function by receiving and transmitting information between devices over radio waves through a network of antennae and…
May 26, 2021
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Courts Address Disputes on Indian Nation Lands
New York and federal law both set forth rules respecting Native American tribes. For instance, Section 2 of the New…
March 24, 2021
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Cluster Zoning Is a Win-Win for Municipalities and Developers
A view held by some opponents of property development is that construction of commercial, industrial, or residential properties is by…
January 27, 2021
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Incentive Zoning Can Help Alleviate Municipal Budget Woes
Given the widespread budgetary concerns facing local governments across the state brought on by the COVID-19 pandemic, many of them…
November 25, 2020
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Regulating and Prohibiting Short-Term Rentals
When the home-sharing platform Airbnb announced last month that it had submitted a draft registration statement to the Securities and…
September 24, 2020
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County Planning Agencies’ Oversight of Local Land Use Decisions
New York is a “home rule” state, which means that zoning and other land use decisions typically are made at…
July 22, 2020
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COVID-19’s Impact on Land Use and Development in NY
The novel coronavirus has had a crippling affect on virtually every aspect of our lives and livelihoods. We all are…
May 27, 2020
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A Drastic But Recognized Zoning Remedy: Removing Unlawful Structures
A decision last month by the Supreme Court, New York County, in Committee for Environmentally Sound Development v. Amsterdam Avenue…
March 25, 2020
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Landowner Liability For Sidewalk Injuries
In New York, liability for injuries sustained as a result of the negligent maintenance of, or the existence of dangerous…
January 22, 2020
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Boards Have Broad Discretion To Decide Variances
Several years after the July 1, 1992 effective date of amendments to the New York State Town Law establishing a…
December 02, 2019
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What’s the Use of Applying For Use Variances?
New York’s Town Law, Village Law, and General City Law all permit property owners to apply for area and use…
October 01, 2019
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U.S. Supreme Court Pushes Takings Claims to Federal Court
Since the U.S. Supreme Court rendered its decision last month in Knick v. Township of Scott, Pennsylvania, 588 U.S. (June 21,…
July 24, 2019
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Landmark Preservation Commission’s Power Upheld
In late November 2017, a divided Appellate Division, First Department, decided that New York City’s Landmarks Preservation and Historic Districts Law…
May 22, 2019
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Local Gov’t Takes a Hit Under Proposal to Legalize Marijuana
A significant portion of Governor Andrew M. Cuomo’s original fiscal year 2020 budget proposal discusses in detail his idea for…
March 27, 2019
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When Can Land Use Applicants Challenge Pass-Through Fees?
When a property owner or developer seeks an approval or other form of relief under a municipality’s land use or…
January 23, 2019
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SCOTUS May Alter Process for ‘Takings’ Claims Against Govt’s
More than three decades ago, the U.S. Supreme Court issued its decision in Williamson County Regional Planning Commission v. Hamilton Bank…
November 29, 2018
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Strict Compliance with SEQRA: A Mandate Courts Enforce
When local governments fail to meet all of the requirements of the State Environmental Quality Review Act, courts will reject…
September 27, 2018
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The Comprehensive Plan’s Essential Role in Zoning
A zoning regulation that is not adopted in accordance with a comprehensive plan is vulnerable to a court challenge. One…
July 26, 2018
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Are Schools Exempt from Local Zoning Regulations?
The Appellate Division, Third Department, recently issued a decision rejecting a public school’s contention that it was not subject to…
May 24, 2018
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N.Y. Village Discriminated Against Proposed Rabbinical College, Court Rules
The U.S. District Court for the Southern District of New York has decided that several laws passed by the upstate…
March 28, 2018
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Landmarks Preservation Law Given Broad Reading by Divided First Department
The Appellate Division, First Department, has issued a significant decision in a case involving the proposed conversion of an interior…
January 24, 2018
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Recreation Districts and the Legacy of ‘Bonnie Briar’
More and more local governments throughout the state are relying on a 1999 Court of Appeals decision to enact zoning…
November 22, 2017
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Adult Entertainment Industry Loses Another Challenge
After more than two decades, litigation over New York City’s efforts to use its zoning powers to regulate adult bookstores…
September 28, 2017
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Arrested Development? After years of defeating development, could LI be the ‘Land of No’ no longer?
Anthony Guardino, practicing partner in Land Use, Municipal and Environmental law was quoted in this article from Long Island Business…
August 11, 2017
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‘Public Trust’ Ruling Puts a Brake on Development
A decision by the New York Court of Appeals blocking construction of a project in Queens may reverberate across the…
July 27, 2017
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Spot Zoning Challenges Rarely Are Successful
Rezoning decisions that are carefully thought out and well-reasoned are unlikely to be reversed as “spot zoning,” New York court…
May 25, 2017
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Eligibility of Residential Developments for IDA Benefits
A court decision upholds what has long been understood to be the rule: Residential developments are eligible to receive IDA…
March 22, 2017
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Can Zoning Stop Property Owners from Renting?
Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents)…
January 25, 2017
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Exhaustion of Remedies Is Often Key to Seeking Relief
In New York, it is well settled that the doctrine of exhaustion of administrative remedies requires that where a remedy…
November 28, 2016
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When a Municipality Makes a Mistake
Estoppel is rarely applied against a local government, which allows zoning and other kinds of errors to be corrected. Local…
September 29, 2016
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Guidelines for Evaluating Standing in Land Use Cases
A recent decision by the New York Court of Appeals helps to clarify the “special injury” requirement of standing. Twenty-five…
July 27, 2016
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Court Limits Judicial Review of SEQRA Positive Declaration
On March 31, the New York Court of Appeals issued its decision in Ranco Sand and Stone Corp v. Vecchio.[1]…
May 25, 2016
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When Should Board Members Recuse Themselves?
Reprinted with permission from New York Law Journal, Volume 255-No. 55, March 23, 2016 issue. Local governments typically have local…
March 23, 2016
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Case Law and Statutes Govern Landmark Designations
Landmark preservation law is now well- established throughout New York City and the state of New York, as well as…
February 03, 2016
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Ruling Against Sign Code Has Implications for New York
Reprinted with permission from New York Law Journal, Volume 254|No. 101, November 25, 2015. Near the end of its term…
December 01, 2015
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The Public Trust Doctrine Is Brought Into Focus
Reprinted with permission from New York Law Journal, Wednesday, September 23, 2015 issue. Volume 254-No. 58. Near the end of…
September 23, 2015
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Sign Law Does Not Bar Lechis, Court Rules
Reprinted with permission from New York Law Journal, Volume 254-No. 14, Wednesday, July 22, 2015. The Supreme Court, Suffolk County,…
July 22, 2015
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Balancing N.Y.’s Agricultural Law With Local Zoning Rights
Reprinted with permission from New York Law Journal, Volume 253-No. 100, Wednesday, May 27, 2015 issue. Article XIV, Section 4,…
June 02, 2015
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Obligations May Continue Even After SEQRA Approval
Reprinted with permission from the March 25, 2015 edition of the New York Law JOURNAL © 2014 ALM Media Properties,…
March 25, 2015
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Ripeness Ruling Defies Rationale of Court’s Decision
January 28, 2015
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Court Overrules 40-Year-Old Precedent in Zoning Case
November 26, 2014
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Establishing An Implied Easement
September 24, 2014
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Decision May Signal End of Fracking Before It Digs In
July 23, 2014
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Vested Rights: Actions to Delay Application of New Zoning Laws
May 29, 2014
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Court Finds Village’s Zoning Plan Discriminatory
Reprinted with permission from the March 26, 2014 edition of the NEW YORK LAW JOURNAL © 2014 ALM Media Properties,…
March 26, 2014
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Parkland Reservation: The ‘Findings’ Requirement
January 22, 2014
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Default Approval Of Subdivision Applications
December 11, 2013
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Zoning & Land Use Planning: Adverse Possession of a Government’s Property
September 25, 2013
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Zoning & Land Use Planning: U.S. Supreme Court Divides Sharply in ‘Koontz’ Ruling
July 24, 2013
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Zoning & Land Use Planning: Court Upholds Local Ordinances Banning Fracking
May 22, 2013
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Smithtown mulls new zoning regulations for Hauppauge Industrial Park
May 01, 2013
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Town Cannot Use Zoning Law to Ban Check Cashing Businesses
March 27, 2013
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Zoning & Land Use Planning: Legal Hurdles for Coastal Residents Rebuilding After Sandy
January 23, 2013
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Zoning & Land Use Planning: Court Rejects Retroactivity Of Adverse Possession Claims
November 28, 2012
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Zoning & Land Use Planning: Bamboo Battles: Local Governments Take Action
September 26, 2012
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Zoning & Land Use Planning: Court Reestablishes Control Over Navigable Waters
July 25, 2012
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Zoning & Land Use Planning: Resolving Disputes Over Docks & Riparian Rights
May 23, 2012
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Zoning & Land Use Planning: Upstate Courts Uphold Laws Prohibiting Gas Drilling
March 28, 2012
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Zoning & Land Use Planning: Law Affecting Check Cashing Businesses Struck Down
January 25, 2012
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Zoning & Land Use Planning: When Conflicts Mandate Recusal of Board Members
November 23, 2011
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Zoning & Land Use Planning: Using Restrictive Covenants to Regulate ‘Fracking’
September 28, 2011
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Zoning & Land Use Planning: Protest Petitions: Avoiding the ‘Three-Fourths Rule’
July 27, 2011
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Zoning & Land Use Planning: The Regulation of Wind Farms and Windmills in New York
May 25, 2011
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Zoning & Land Use Planning: Challenges to Off-Site Condition Requirements
March 23, 2011
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Zoning & Land Use Planning: Courts Differ on Statutes of Limitations in Referral Cases
January 26, 2011
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Zoning & Land Use Planning: Rockland Court Rulings Strictly Apply Standing Rules
November 24, 2010
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Zoning & Land Use Planning: Marcellus Shale Gas Rush Raises Local Zoning Issues
September 22, 2010
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Zoning & Land Use Planning: Eminent Domain Rulings Affirm Broad Authority for Government
July 28, 2010
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Zoning & Land Use Planning: Alternatives for Adult Uses Required When Town is Sued
May 26, 2010
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Zoning & Land Use Planning: New Law Provides Tools to Prune Local Government
March 24, 2010
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Zoning & Land Use Planning: Numerous Statutes Outline Street Demapping Standards
January 27, 2010
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Zoning & Land Use Planning: Zoning Boards May Weigh Deceitful Conduct, Panel Rules
November 25, 2009
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Zoning & Land Use Planning: Waterways Case Underlines Long Island’s Legal History
September 23, 2009
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Zoning & Land Use Planning: Decision Case Sets Roadmap for Nonconforming Use Law
July 22, 2009
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Zoning & Land Use Planning: Joining ‘Necessary Parties’ Crucial to Article 78 Actions
May 27, 2009
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LEGAL CASE STUDY: Downsized Long Island Shopping Mall Requires Supplemental Environmental Review
May 01, 2009
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Zoning & Land Use Planning: Zoning Boards Cannot Ignore Prior Decisions
March 25, 2009
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Zoning & Land Use Planning: Law Curbs Retaliatory Suits, Encourages Input by Public
January 28, 2009
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Zoning & Land Use Planning: Organizational Standing: A Broad View from the Third Department?
November 26, 2008
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Zoning & Land Use Planning: Zoning Rules Adapt to Solar Power Needs
September 29, 2008
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Zoning & Land Use Planning: Adverse Possession: Test in New Law Is "All About Good Faith"
July 23, 2008
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Zoning & Land Use Planning: Governmental Immunity: Courts Seek to Balance Restrictions
May 28, 2008
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Zoning & Land Use Planning: Environmental Impact: Ruling Offers Road Map to Supplemental Statements
March 26, 2008
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Zoning & Land Use Planning: Use It or Lose It – Timely Action is Needed to Preserve Vested Rights
January 23, 2008
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Zoning & Land Use: RLUIPA Roadmap: Circuit Clarifies Elements of Religious Exercise Law
November 28, 2007
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Zoning & Land Use Planning: Religious Uses: Pendulum Moves Toward Local Control
September 26, 2007
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Zoning & Land Use: Green Revolution – New Local Regulations Address Global Warming
July 25, 2007
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Zoning & Land Use – When Government Fails to Act: Courts May Offer Relief to Some Developers
May 23, 2007
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Zoning and Land Use: Effects of Prior Precedent on Zoning Decisions
April 17, 2007
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Zoning & Land Use: Local Laws on Alcoholic Beverage Sales
February 20, 2007
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Zoning and Land Use: Training for Planning and Zoning Board Members
December 19, 2006
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Zoning & Land Use: Separating the Planning and Zoning Processes
October 17, 2006
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Zoning and Land Use: New Laws Encourage Regional Planning
August 15, 2006
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Zoning and Land Use: On the Waterfront
June 20, 2006
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Zoning & Land Use: Administrative Res Judicata
April 18, 2006
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Zoning & Land Use: The ‘Day of Decision’ Rule
February 21, 2006
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Zoning & Land Use: Use Variances
December 20, 2005
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Zoning & Land Use: Private Covenants and Easements
October 18, 2005
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County Coordination of Zoning Approvals
August 16, 2005
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Special Rules For Special Permits
February 15, 2005
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Lot Merger and Single and Separate Exemptions
December 21, 2004
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Decisions Help Clarify Rules on Variances, Permits, SEQRA
October 19, 2004
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Joining Necessary Parties in Article 78 Proceedings
August 17, 2004
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State and Local Laws Address Coastal Erosion Management
June 15, 2004
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Affordable Housing Options Gain on Long Island
April 20, 2004
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Proceeding With Caution After Negative Declarations
February 17, 2004
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Local Governments and Wireless Communications Towers
December 16, 2003
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Restrictions on 24/7 Businesses Typically Rejected by Courts
October 29, 2003
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Preemption Doctrine: Limitation on Home Rule Power
August 19, 2003
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Adverse Possession Doctrine Has Modern-Day Relevance
June 17, 2003
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Two Methods Stand Out in Review of Nonconforming Uses
April 15, 2003
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Standing Requires More Than Interest of Public at Large
February 18, 2003
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Atlantic Beach Wins Battle For Zoning Powers
December 16, 2002
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US Supreme Court Ruling Puts Moratoria in Spotlight
October 21, 2002
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Court of Appeals Revisits Mootness Rules in Long Beach Case
August 19, 2002
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Improper Segmentation May Doom Municipality’s Environmental Review
June 17, 2002
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Notice of Zoning and Planning Decisions Weak Under Current Scheme
April 15, 2002
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Riparian Rights Ruling Affects Landowners and Town Governments
Riparian rights have played an important role in the history and development of Long Island. They also have a long…
February 19, 2002
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