Anthony S.

Land Use & Municipal



T: 516-227-0675

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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.

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  • 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

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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

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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

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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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Regulating Signage

June 21, 2005

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Eminent Domain

April 19, 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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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

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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

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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

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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

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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

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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

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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

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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

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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

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Old Field Restricts Beach Access, Sparks Controversy

October 14, 2010

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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

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For Whom Ma Bell Tolls: Church Cell-Phone Tower Gets Static From Locals

May 09, 2008

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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

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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

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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

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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

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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

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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

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Super Lawyers

New York Metro (Land Use/Zoning), 2020-Present

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New York Real Estate Journal

2023 Commercial Real Estate Visionary