Anthony S.
Guardino
Land Use & Municipal
Partner
Hauppauge
T: 516-227-0675
aguardino@farrellfritz.com aguardino@farrellfritz.com
About Anthony
Anthony S. Guardino is experienced with a broad range of land use and zoning matters, such as applications for change of zone, variances, special permits, subdivision, and site plan approval. Anthony regularly appears before municipal boards and represents a number of national retailers and restaurants, as well as several of the region’s largest retail, residential, office and industrial developers. He writes a land use column for the New York Law Journal.
Anthony serves as counsel to the villages of Huntington Bay and Old Field, providing advice to their boards of trustees, planning boards, and zoning boards, as well as special counsel to several Long Island towns and villages and to two fire districts.
Over the years, Anthony has successfully litigated a number of land-use related cases at both trial and appellate levels. Many of those cases involved challenges to decisions by municipal boards, as well as claims under the State Environmental Quality Review Act (SEQRA), adverse possession or other title issues.
Anthony writes on zoning and land use planning matters and contributes often to the firm’s Long Island Land Use & Zoning blog. He is also a frequent lecturer at seminars on land use and zoning law and SEQRA and has participated in programs sponsored by the New York State Bar Association, Nassau County Bar Association, Suffolk County Bar Association and Suffolk County Village Officials Association, as well as by private providers of continuing education for attorneys, architects, engineers, and other professionals. He also participates in the firm’s own land use training programs.
Prior to joining Farrell Fritz, Anthony was a land-use planner with a New York City-based development consulting firm and a research assistant to Professor James A. Kushner, a leading author and commentator in the area of land use law.
Credentials
Education
- Pitzer College (BA)
- Southwestern University School of Law (JD)
- University of California Los Angeles (MA)
Affiliations & Appointments
- Suffolk County Bar Association, Municipal Law Committee, Former Co-Chair
- Touro Law, Institute of Land Use & Public Policy, Board Member
Articles & Advisories
Lawsuits Over Construction of Mikvahs Continue in New York
When lawsuits are filed against local governments that delay or block the construction of mikvahs in their communities, the defendants…
November 27, 2023
When Is an Appeal of a Building Permit Decision Timely?
It is generally well known that there are 60 days to challenge an administrative determination of a building permit application.…
September 27, 2023
The Saga of a Long Island Tree House and the Law
It has been just over five years since a Long Island father decided to build a tree house for his…
July 26, 2023
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
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
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
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
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
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
‘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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
‘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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Zoning & Land Use Planning: Adverse Possession of a Government’s Property
September 25, 2013
Zoning & Land Use Planning: U.S. Supreme Court Divides Sharply in ‘Koontz’ Ruling
July 24, 2013
Zoning & Land Use Planning: Legal Hurdles for Coastal Residents Rebuilding After Sandy
January 23, 2013
Zoning & Land Use Planning: Court Rejects Retroactivity Of Adverse Possession Claims
November 28, 2012
Zoning & Land Use Planning: Bamboo Battles: Local Governments Take Action
September 26, 2012
Zoning & Land Use Planning: Court Reestablishes Control Over Navigable Waters
July 25, 2012
Zoning & Land Use Planning: Upstate Courts Uphold Laws Prohibiting Gas Drilling
March 28, 2012
Zoning & Land Use Planning: Law Affecting Check Cashing Businesses Struck Down
January 25, 2012
Zoning & Land Use Planning: When Conflicts Mandate Recusal of Board Members
November 23, 2011
Zoning & Land Use Planning: Using Restrictive Covenants to Regulate ‘Fracking’
September 28, 2011
Zoning & Land Use Planning: Protest Petitions: Avoiding the ‘Three-Fourths Rule’
July 27, 2011
Zoning & Land Use Planning: The Regulation of Wind Farms and Windmills in New York
May 25, 2011
Zoning & Land Use Planning: Courts Differ on Statutes of Limitations in Referral Cases
January 26, 2011
Zoning & Land Use Planning: Rockland Court Rulings Strictly Apply Standing Rules
November 24, 2010
Zoning & Land Use Planning: Marcellus Shale Gas Rush Raises Local Zoning Issues
September 22, 2010
Zoning & Land Use Planning: Eminent Domain Rulings Affirm Broad Authority for Government
July 28, 2010
Zoning & Land Use Planning: Alternatives for Adult Uses Required When Town is Sued
May 26, 2010
Zoning & Land Use Planning: New Law Provides Tools to Prune Local Government
March 24, 2010
Zoning & Land Use Planning: Numerous Statutes Outline Street Demapping Standards
January 27, 2010
Zoning & Land Use Planning: Zoning Boards May Weigh Deceitful Conduct, Panel Rules
November 25, 2009
Zoning & Land Use Planning: Waterways Case Underlines Long Island’s Legal History
September 23, 2009
Zoning & Land Use Planning: Decision Case Sets Roadmap for Nonconforming Use Law
July 22, 2009
Zoning & Land Use Planning: Joining ‘Necessary Parties’ Crucial to Article 78 Actions
May 27, 2009
LEGAL CASE STUDY: Downsized Long Island Shopping Mall Requires Supplemental Environmental Review
May 01, 2009
Zoning & Land Use Planning: Law Curbs Retaliatory Suits, Encourages Input by Public
January 28, 2009
Zoning & Land Use Planning: Organizational Standing: A Broad View from the Third Department?
November 26, 2008
Zoning & Land Use Planning: Adverse Possession: Test in New Law Is "All About Good Faith"
July 23, 2008
Zoning & Land Use Planning: Governmental Immunity: Courts Seek to Balance Restrictions
May 28, 2008
Zoning & Land Use Planning: Environmental Impact: Ruling Offers Road Map to Supplemental Statements
March 26, 2008
Zoning & Land Use Planning: Use It or Lose It – Timely Action is Needed to Preserve Vested Rights
January 23, 2008
Zoning & Land Use: RLUIPA Roadmap: Circuit Clarifies Elements of Religious Exercise Law
November 28, 2007
Zoning & Land Use Planning: Religious Uses: Pendulum Moves Toward Local Control
September 26, 2007
Zoning & Land Use: Green Revolution – New Local Regulations Address Global Warming
July 25, 2007
Zoning & Land Use – When Government Fails to Act: Courts May Offer Relief to Some Developers
May 23, 2007
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
News
Proposed condo projects pit neighbor against neighbor as court fights loom
From the article: Attorney Anthony Guardino of Uniondale-based Farrell Fritz, who represents developer FBE, said in granting Oheka approval for…
April 06, 2023
Whole Foods, other grocers in talks with developer planning revamp of Sun Vet Mall
Anthony Guardino was quoted in a recent Newsday article regarding the redevelopment of the Sun Vet Mall. “As evidenced by…
November 15, 2022
Tribal Fishing Rights on Trial in the Second Circuit
Farrell Fritz Partner Anthony Guardino wrote an insightful article in The New York Law Journal regarding tribal fishing rights. For…
October 04, 2022
Amazon Plans a Last-Mile Warehouse in Long Island Innovation Park in Hauppauge
Amazon plans to build a last-mile warehouse in the Long Island Innovation Park at Hauppauge — an arrival one business…
September 17, 2021
Mayors say Huntington infringing on shoreline jurisdiction
Huntington Bay Village attorney Anthony S. Guardino stated in a letter to town officials that the town is confusing ownership rights with jurisdiction…
July 09, 2020
Zoning OKd for Storage Facility
The Brookhaven Town Board has approved zoning changes for a Farmingville ministorage facility and commercial center that could include a…
February 19, 2020
Smithtown in talks to purchase topless bar
Smithtown may buy a topless bar that has operated for decades across from the town’s iconic bull statue on West…
May 13, 2019
Retail Roundup: Aldi, Planet Fitness may replace former Pathmark in North Babylon
Aldi, Planet Fitness and a self-storage facility are among the proposed tenants in the planned redevelopment of North Babylon Plaza, which…
March 05, 2019
Old Field looks to join Setauket Fire District
Old Field Village residents may have input in official matters of the Setauket Fire District in the near future depending…
July 11, 2017
Anthony S. Guardino Quoted in NYLJ "Court Finds Town Board Departed from Zoning Laws"
State Supreme Court Justice Thomas Whelan set aside approval for Long Island’s first Wal-Mart Supercenter. He ruled that the Town…
October 16, 2008
Press Releases
23 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 23 attorneys selected to the 2023 New York Metro Super Lawyers and New…
September 26, 2023
22 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 22 attorneys selected to the 2022 New York Metro Super Lawyers and New…
September 29, 2022
27 Farrell Fritz Attorneys Recognized as 2021 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 27 attorneys selected to the 2021 New York Metro Super Lawyers and New…
September 30, 2021
30 Farrell Fritz Attorneys Recognized as 2020 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 30 attorneys selected to the 2020 New York Metro Super Lawyers and New…
November 04, 2020
Farrell Fritz Attorneys Appointed to Board of Touro Law Center’s Newly-Formed Institute on Land Use and Sustainable Development Law
Farrell Fritz attorneys Anthony S. Guardino and Erin A. Sidaras have recently been appointed to the board of Touro Law…
October 07, 2013
Farrell Fritz Increases Its Capacity In Environmental Law, Zoning and Land Use – New Partners Announ
Charlotte Biblow, a partner at Rivkin Radler since 1986, will join Farrell Fritz as a partner on Monday, January 13,…
January 10, 2003
Recognition
Super Lawyers
New York Metro (Land Use/Zoning), 2020-Present