516-227-0700

Environmental

Sophisticated counsel to help our clients manage, minimize, and mitigate risks.

For businesses, property owners and property operators on Long Island, in New York State and beyond, the challenges of navigating, understanding, and implementing programs to comply with increasingly complex environmental laws have never been greater. Our team of environmental lawyers brings the breadth and depth of experience to handle all types of administrative and transactional matters, as well as the sophistication and bench strength to tackle the challenges of environmental litigation.

Managing Compliance Challenges

Our environmental attorneys provide guidance on compliance with federal, state and local regulations, helping clients determine their responsibilities and develop implementation strategies. For our commercial and industrial clients, we frequently are part of the team that performs facility audits to evaluate compliance and minimize the chances for costly fines. We have in-depth knowledge of every level of government and have worked on many matters that involve negotiating with the United States Environmental Protection Agency, the New York State Department of Environmental Conservation and county and local departments of health.

Protecting Developers, Landlords & Tenants

We also represent real estate developers, landlords, and tenants involved with the acquisition, sale, leasing, and management of real property. These transactions often involve providing guidance on issues relating to:

  • Environmental investigations and remediation
  • Brownfield restorations
  • Superfund sites
  • Underground and aboveground storage tanks
  • The storage, handling, and disposal of hazardous and nonhazardous chemicals
  • Historic use and contamination of real property
  • Reporting and notification requirements

When necessary, our environmental team works with attorneys in our corporate, tax, real estate, land use, zoning and municipal and litigation departments to ensure all aspects of our client’s issue are considered.

Our goal is to assist clients in solving their environmental challenges without the need for litigation; but when called for, we bring a rare level of experience and skills to the courtroom. Our attorneys are extremely well versed in all aspects of environmental law. Several of them also have bachelor’s and master’s degrees in the sciences, environmental science and land use planning. Their training and experience enable them to go “toe-to-toe” with experts in court on the most complex technical issues.

Professionals

John C. Armentano

Partner
Hauppauge

Anthony S. Guardino

Partner
Hauppauge

Charlotte A. Biblow

Retired Partner
Uniondale

Recent Blog Posts

Disclosure Revolution: Legislation Makes Property Condition Disclosure Statements Mandatory, Adding Flood Risks, and Waving Farewell to the $500 Credit

On September 22, 2023, Governor Kathy Hochul signed legislation (A.1967/S.5400) amending the Property Condition Disclosure Act (“PCDA”), which effectively eliminates…

February 05, 2024

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February 05, 2024

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DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations

The 2022/2023 State budget included watershed (no pun intended) amendments to the regulations governing New York’s Freshwater Wetlands. It has been…

January 16, 2024

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January 16, 2024

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Exact Compliance with SEQRA Architectural Conditions Are Enforceable

Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance…

January 07, 2024

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January 07, 2024

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Under Monroe Doctrine, Government Immunity from Local Zoning May Extend to Private Projects

In Matter of County of Monroe, 72 NY2d 338 (1988), the New York Court of Appeals addressed the applicability of…

December 11, 2023

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December 11, 2023

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Goodbye to Airbnb in NYC?

The initial phase of New York City Local Law 18, also known as the Short-Term Rental Registration Law, went into…

September 12, 2023

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September 12, 2023

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Fires at New York Battery Energy Storage System Facilities Ignite State Response

On July 28, 2023, in response to three separate fires at Battery Energy Storage System (“BESS”) locations in New York,…

August 13, 2023

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August 13, 2023

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Riverhead Gives the Green Light to New BESS Zoning Regulations

On April 4, 2023, the Town of Riverhead joined the growing list of Long Island municipalities to have adopted special…

June 26, 2023

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June 26, 2023

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“Grandfathering” By Issuance of Building Permits

Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme…

June 09, 2023

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June 09, 2023

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Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments

The New York Climate Leadership and Community Protection Act (“CLCPA”) established ambitious targets to transform New York’s energy generation and…

April 24, 2023

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April 24, 2023

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Oyster Bay to provide for administrative adjudication of zoning and other code violations

Following in the footsteps of the towns of Huntington, Babylon and East Hampton, the Town of Oyster Bay voted on…

April 05, 2023

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April 05, 2023

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NYSDEC Mining Law Appears Further Undermined by the Court of Appeals

Last month, the State’s highest court, the Court of Appeals, upheld the Appellate Division’s decision annulling the New York State…

March 20, 2023

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March 20, 2023

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It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

            The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A…

February 27, 2023

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February 27, 2023

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Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

The Huntington Town Board is currently seeking input from residents, businesses and others for a new plan for the redevelopment…

February 09, 2023

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February 09, 2023

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To BESS, or Not to BESS? The Emergence of Battery Storage Systems on Long Island

For most people, the idea of “Green Energy” likely evokes images of solar panels and wind turbines. However, the movement…

January 25, 2023

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January 25, 2023

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Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

As part of her 2023 State of State address, Governor Kathy Hochul announced a statewide strategy to address New York’s…

January 18, 2023

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January 18, 2023

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Is Prior Precedent Dead in the Village of Southampton? Depends on Who You Ask.

Recently, the Suffolk County Supreme Court affirmed the Southampton Village Zoning Board of Appeals (ZBA) denial of a special permit…

January 09, 2023

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January 09, 2023

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U.S. Fish and Wildlife Service Lights the Bat Signal, Designating the Northern Long-Eared Bat as Endangered

In November 2015, the northern long-eared bat was listed as a threatened species due to the devastating impact of white-nose…

December 19, 2022

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December 19, 2022

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Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

After more than half a century, the Village of Sea Cliff is in the process of adopting a new Comprehensive…

December 12, 2022

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December 12, 2022

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Zoning – Reasonable Accommodations Under the Fair Housing Act.

Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St.…

November 28, 2022

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November 28, 2022

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Is a Freeze in the Forecast for Riverhead’s Industrial Development?

Long Island has seen a tremendous influx of investment in new industrial projects over the last two years, particularly in…

October 31, 2022

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October 31, 2022

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Nearly 4 Years After Historic Update, New York’s Part 360 Solid Waste Regulation Series Remains a Work in Progress

For the New York State Department of Environmental Conservation (“NYSDEC” or “Department”), discretion has been the better part of valor…

October 15, 2022

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October 15, 2022

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Oyster Bay’s Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

According to a report published by the World Economic Forum, e-commerce sales ratios nearly tripled globally between 2014 and 2019. …

October 03, 2022

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October 03, 2022

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Single and Separate Exemptions For Substandard Lots

Zoning codes are constantly evolving in response to perceived or real threats of overdevelopment.  Generally, a municipality may in the…

September 12, 2022

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September 12, 2022

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Town Of East Hampton Runs Aground At Truck Beach

Last week, in The Seaview at Amagansett, Ltd. v. Town of East Hampton Justice Paul J. Baisely, Jr. found the…

July 11, 2022

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July 11, 2022

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10 More Years – New York’s Brownfield Cleanup Program Extended

When New York Governor Kathy Hochul executed the 2022-2023 State Budget, it included a 10-year extension to the State’s Brownfield…

June 06, 2022

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June 06, 2022

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New York State Adopts New Law Governing Public Meetings by Videoconference

As part of the 2022 adopted State Budget, the New York State Legislature amended the Open Meetings Law (Public Officers…

May 16, 2022

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May 16, 2022

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What’s So Special About Special Use Permits?

The “Special Use Permit” is a zoning term and process used by a municipality to encourage, but still regulate, land…

March 28, 2022

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March 28, 2022

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ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses

When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that…

March 07, 2022

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March 07, 2022

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New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport

On January 13, 2022, the Brookhaven Town Board voted unanimously to adopt new legislation that creates the Greater Bellport Overlay…

February 22, 2022

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February 22, 2022

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Court of Appeals Affirms Appellate Division Decision Invalidating Town’s Discharge Ordinance

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of…

February 14, 2022

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February 14, 2022

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No Standing to Protect the Pine Barrens

Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to…

February 07, 2022

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February 07, 2022

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Bow-wouch: A Word on Special Protections against Municipal Tort Liability

When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was…

January 24, 2022

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January 24, 2022

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Slings and Arrows At The Court Of Appeals

On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer,…

January 10, 2022

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January 10, 2022

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Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

In April 2019, this blog discussed Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019…

December 22, 2021

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December 22, 2021

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Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval

In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert,…

December 06, 2021

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December 06, 2021

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Living Fences in Dering Harbor

The Board of Trustees in the Village of Dering Harbor, located on Shelter Island, adopted a resolution in February of…

November 22, 2021

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November 22, 2021

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Boon or Bane? New York’s Environmental Rights Amendment

Last week’s election had news outlets across the State and nation talking about Long Island’s rare “red wave”.  While many…

November 08, 2021

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November 08, 2021

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Single and Separate and the Doctrine of Merger

Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to…

October 25, 2021

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October 25, 2021

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Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values…

October 12, 2021

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October 12, 2021

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Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal

In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement,…

September 27, 2021

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September 27, 2021

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New Law Authorizes Virtual Option for Public Meetings

On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency…

September 13, 2021

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September 13, 2021

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US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the…

August 30, 2021

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August 30, 2021

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Property Owner’s Request for Court-Determined Just Compensation Backfires

The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward.  The property owner (the…

August 16, 2021

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August 16, 2021

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Hampton Bays Downtown Overlay District Form Based Code Annulled for Failing to Comply with SEQRA

The Town Board of the Town of Southampton adopted the Hampton Bays Downtown Overlay District (“Overlay District”) Form Based Code…

August 02, 2021

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August 02, 2021

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Right-Of-Way Width – Not Set In Stone

Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined. …

July 26, 2021

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July 26, 2021

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Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th…

July 19, 2021

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July 19, 2021

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NYC Climate Mobilization Act – Relief in Sight?

Local Law 97 of New York City’s Climate Mobilization Act (the “Act”) is the City’s aggressive greenhouse gas emission reduction…

July 12, 2021

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July 12, 2021

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Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities  

The Suffolk County legislature is currently considering a bill (I.R. 1478-2021) that would provide towns and villages with a greater…

July 06, 2021

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July 06, 2021

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New York State Legislature Considering Bill That Would Allow Licensed Architects or Engineers to Issue Building Permits

Due to delays resulting from the COVID-19 pandemic, as well as other factors, many municipalities across Long Island are experiencing…

June 28, 2021

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June 28, 2021

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New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st

A recent and alarming statistic shared by the Suffolk County Department of Health Services indicates that more than 80% of…

June 21, 2021

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June 21, 2021

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Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)

In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport…

June 14, 2021

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June 14, 2021

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Sand Mining Hits Rock Bottom: LI’s Local Laws May Prohibit Future Operations

Last month, the Appellate Division, Third Department, held the Mined Land Reclamation Law (“Mining Law”), as amended, does not preempt…

June 06, 2021

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June 06, 2021

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Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

In 2018, the Federal Communications Commission (“FCC”) issued an Order governing the installation of small cell nodes and other telecommunications…

June 01, 2021

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June 01, 2021

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Lightning Round – New York’s Office of Renewable Energy Siting Promulgates Streamlined Siting Regulations for Large-Scale Renewable Energy Projects

On March 2, 2021 New York’s Office of Renewable Energy Siting (“ORES”) issued final regulations governing the siting of major…

May 24, 2021

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May 24, 2021

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Nearly-Century Old Restrictive Covenant Prevents Homeowner From Erecting Fence Along Property Line

In Dodge v. Baker, Plaintiff and Defendants are neighboring property owners of two parcels of land located in the Village…

May 17, 2021

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May 17, 2021

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Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine

The Public Trust Doctrine holds that when a municipality acquires land for an expressly public purpose, it cannot later sell…

May 10, 2021

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May 10, 2021

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New York’s General Municipal Law §239-m “An Ounce of Prevention Is Worth A Pound of Cure”

“An ounce of prevention is worth a pound of cure.” -Benjamin Franklin.  This pithy logic from Benjamin Franklin to prevent…

May 03, 2021

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May 03, 2021

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Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement

Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in…

April 26, 2021

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April 26, 2021

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Second Department Affirms Limits on Site Plan Determinations

This month, in Gershow Recycling of Riverhead v Town of Riverhead, 2021 NY Slip Op 02156 [2d Dept 2021], the Appellate…

April 19, 2021

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April 19, 2021

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New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

After several stalled attempts, New York State became the 16th state to legalize recreational cannabis (marijuana) use.  This occurred on…

April 12, 2021

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April 12, 2021

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Second Department Affirms Denial of Religious Organization’s Application for Conditional Use Permit

In Matter of Sid Jacobson Jewish Community Ctr., Inc. v. Zoning Bd. of Appeals of the Inc. Vil. of Brookville,…

April 05, 2021

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April 05, 2021

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Appellate Division Rejects Neighbor Attempt to Add Variances to Scope of Property Owner’s ZBA Application.

Absent local legislation to the contrary, town and village zoning boards act solely as appellate bodies authorized to hear and…

March 29, 2021

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March 29, 2021

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Apartments Over Stores Are No More – In Oyster Bay

Surprise! During the summer of Covid-19, the Town Board of Oyster Bay passed Local Law 4 of 2020, amending Chapter…

March 22, 2021

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March 22, 2021

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Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals

In the Matter of Parsome, LLC v. Zoning Board of Appeals of the Village of East Hampton, decided February 10,…

March 15, 2021

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March 15, 2021

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Truck Beach – Drawing Lines In The Sands of East Hampton

The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town…

March 08, 2021

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March 08, 2021

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Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

In an effort to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping centers, bowling alleys and health club…

March 01, 2021

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March 01, 2021

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Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on…

February 22, 2021

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February 22, 2021

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Snow Way They’re Paying for That: Limitations on Government Liability for Snow Plow Accidents

With all the recent snow Long Island has seen, and with more in the forecast, snow plows, sanders, and other…

February 16, 2021

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February 16, 2021

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Shinnecock Nation’s Second Sign Sees Renewed State Resistance

Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the…

February 08, 2021

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February 08, 2021

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Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702

The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James…

February 01, 2021

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February 01, 2021

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Amityville Prepares For Production: Avoiding the Horror with Proposed Filming Law

With prospects of featuring its history and architecture on screen, the Village of Amityville (“Amityville“) has been considering adopting a…

January 25, 2021

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January 25, 2021

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Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings

This blog post provides an update to a post that was published on November 30, 2020, regarding a dispute over…

January 18, 2021

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January 18, 2021

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Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage of Construction Equipment

In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use…

January 11, 2021

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January 11, 2021

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“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties…

January 04, 2021

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January 04, 2021

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Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020],…

December 21, 2020

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December 21, 2020

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Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton

In 2018, this Blog published “Challenge to Montauk’s Motel Restaurant Fails at Supreme Court Level” discussing the Article 78 petition…

December 14, 2020

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December 14, 2020

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Farmingdale To Bring Upper Levels to the Ground Floor: Proposed Amendments to Downtown Zoning

Tonight, the Incorporated Village of Farmingdale (“Farmingdale“) will consider amending its zoning code to expand permitted uses in its Downtown…

December 07, 2020

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December 07, 2020

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Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create…

November 30, 2020

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November 30, 2020

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First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution

Last year, the New York County Supreme Court heard an Article 78 challenge by Preserve Our Brooklyn Neighborhoods (“POBN”), a…

November 23, 2020

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November 23, 2020

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Is It Time? The Importance of Updating Town and Village Comprehensive Plans

The Covid-19 health crisis has sent widely-discussed shockwaves through the real estate industry that could have long-reaching impacts on the…

November 09, 2020

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November 09, 2020

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Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court,…

November 02, 2020

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November 02, 2020

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Town of East Hampton ZBA Denial of 9.8 Foot Setback Variance for a Patio is Upheld by Appellate Division, Second Department

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning…

October 26, 2020

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October 26, 2020

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Flag on the Play for Illegal Procedure: Necessary Parties and the Pitfalls of Nonjoinder

Failure to name a necessary party when challenging a land use determination may result in dismissal, and leave a challenger…

October 19, 2020

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October 19, 2020

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Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

As the popularity of short-term rentals continues to grow and many local governments are adopting restrictions to keep their use…

October 12, 2020

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October 12, 2020

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Prior Agreement Limiting Waste Processing Trumps DEC Renewal Permit

In Incorporated Village of Lindenhurst v. One World Recycling, LLC, et al., the Second Department reversed the lower court’s denial…

October 05, 2020

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October 05, 2020

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A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug.…

September 21, 2020

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September 21, 2020

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State and County Laws Require Oversight of Certain Local Land Use Decisions

As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town,…

September 14, 2020

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September 14, 2020

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Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

Southampton Town GIS   Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the…

September 07, 2020

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September 07, 2020

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Utilizing CPLR 3102(c) Pre-Action Discovery in the Article 78 Proceedings – Can’t Go Fishin’

Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for…

August 31, 2020

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August 31, 2020

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New York State Environmental Conservation Law Preempts Local Municipality Hunting Restrictions in New York

This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department…

August 24, 2020

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August 24, 2020

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Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he…

August 17, 2020

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August 17, 2020

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Town of Huntington Tightens Reigns on Mixed-Use Buildings Amid Mixed Opinions

On July 21, 2020, the Huntington Town Board adopted significant amendments to the Town’s zoning and site plan regulations for…

August 03, 2020

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August 03, 2020

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Long Island Sand Mining Further Undermined By State Legislature Bill

Last week, New York’s State Legislature passed a bill (A10001) seeking to amend NYS Environmental Conservation Law (“ECL”) §23-2703 in…

July 27, 2020

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July 27, 2020

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Appellate Division Upholds Denial of Article 78 Petition Against Zoning Board of Appeals of the Village of North Haven

Town of Southampton GIS Ronald A. Kaye, the property owner at 39 Actors Colony Road, Village of North Haven, sought…

July 20, 2020

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July 20, 2020

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“General” Code Provision Saves Dollar Store Endeavor: Superfluous Interpretations Are Not Required

In Cady v Town of Germantown Planning Bd., 2020 NY Slip Op 03440 [3d Dept 2020], the Appellate Division, Third…

July 13, 2020

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July 13, 2020

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Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development

The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of…

July 06, 2020

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July 06, 2020

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Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

In a recent decision, Matter of Red Wing Properties, Inc. v. Town of Rhinebeck, et al., the Second Department held…

June 29, 2020

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June 29, 2020

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How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of…

June 22, 2020

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June 22, 2020

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Short-Term Rental Law Survives Regulatory Taking Claim

For the last several years, municipal governments across Long Island, and beyond, have been taking action to control or outright…

June 15, 2020

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June 15, 2020

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Municipal Development Agreement: Found To Be Illegal Contract Zoning

In the Matter of Giora Neeman v Town of Warwick, __AD3d__, 2020 NY Slip Op 03112, the Second Department recently…

June 08, 2020

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June 08, 2020

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Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks

The Lattingtown Harbor Property Owners’ Association, Inc., (“POA”) entered into a license agreement, dated November 29, 2017, with another member,…

June 01, 2020

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June 01, 2020

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The Coronavirus Lesson: Drive-Thrus are an “Essential Service” of Fast-Food Restaurants

In an effort to enforce social distancing and slow the spread of the coronavirus, many cities and states across the…

May 18, 2020

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May 18, 2020

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Letters Exchanged Between Developer and Architectural Review Board Insufficient to Constitute Enforceable Settlement Agreement

In Matter of Pittsford Canalside Props., LLC v Village of Pittsford Zoning Bd. of Appeals, et al., the Fourth Department…

May 11, 2020

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May 11, 2020

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Zoning Boards May Consider the Proposed Use and Purpose When Deciding Area Variance Applications, But Cannot Forget the Five-Factors

When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose…

May 04, 2020

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May 04, 2020

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A Decision without Recourse? The Unique Hurdle When Pursuing Zone Changes and Zoning Amendments

In the land use and zoning arena, discussion of article 78 proceedings is commonplace. They are, after all, the primary…

April 27, 2020

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April 27, 2020

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Long Island Farmland Protection and the COVID-19 pandemic

As many of us continue to cocoon inside our homes during the COVID-19 pandemic, avoiding supermarkets and anyone else for…

April 20, 2020

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April 20, 2020

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Southampton Town Targets Short Term Rentals For Enforcement Due To Covid-19 Outbreak

In response to the Coronavirus outbreak, many New York City residents have sought refuge from the epicenter of the disease…

April 12, 2020

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April 12, 2020

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How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

April 06, 2020

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Coronavirus & The Open Meetings Law: How To Hold Public Meetings During The COVID-19 Pandemic

The public health crisis created by COVID-19 has forced municipal officials statewide to cancel, suspend or postpone previously scheduled public…

March 30, 2020

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March 30, 2020

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The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects

Despite the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead…

March 24, 2020

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March 24, 2020

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Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing…

March 23, 2020

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March 23, 2020

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Standing And The Open Meetings Law

  A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily…

March 16, 2020

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March 16, 2020

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Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to…

March 09, 2020

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March 09, 2020

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Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district…

March 02, 2020

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March 02, 2020

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New Yorkers Say Goodbye to Plastic Bags

New York’s “Bag Waste Reduction Act” and the regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC)…

February 24, 2020

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February 24, 2020

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Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal…

February 17, 2020

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February 17, 2020

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Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the…

February 10, 2020

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February 10, 2020

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Modern Convenience Stores Restricted by “Inconvenient” Zoning Rules

The history of convenience stores in the United States can be traced back to 1927, when an employee of the…

February 02, 2020

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February 02, 2020

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“Operation Pay Dirt” – Suffolk County Goes After Illegal Dumping

   “Operation Pay Dirt” was a joint investigation by the Suffolk County District Attorney’s Office, the New York State Department…

January 27, 2020

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January 27, 2020

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When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under…

January 20, 2020

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January 20, 2020

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Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven…

January 13, 2020

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January 13, 2020

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Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

BANG!  Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of…

January 06, 2020

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January 06, 2020

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Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District…

December 30, 2019

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December 30, 2019

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Village’s Vitiation of Riparian Rights Survives Initial Challenge

In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme…

December 23, 2019

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December 23, 2019

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Walls and Fences Are Not The Same

  This blog post is about walls and fences (but probably not the ones you may be thinking about). The…

December 16, 2019

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December 16, 2019

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Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Town of Southampton GIS The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of…

December 09, 2019

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December 09, 2019

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Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural…

November 25, 2019

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November 25, 2019

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Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

In May 2019, National Grid – the utility company that provides natural gas to approximately 1.8 million customers in Brooklyn,…

November 18, 2019

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November 18, 2019

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SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

  Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of…

November 11, 2019

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November 11, 2019

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Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

  The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA),…

November 04, 2019

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November 04, 2019

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Nonconforming Uses – Don’t Abandon Them

Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights…

October 21, 2019

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October 21, 2019

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VILLAGE OF NORTH HAVEN PLANNING BOARD’S DENIAL OF ROCK REVETMENT UPHELD

Town of Southampton GIS E-Portal Map   The Village of North Haven is a peninsula of land located on Noyac…

October 14, 2019

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October 14, 2019

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Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA”…

October 07, 2019

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October 07, 2019

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Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is…

September 30, 2019

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September 30, 2019

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Appellate Court Upholds Adverse Possession Claim of Lake Bottom

In July, the Appellate Division, Third Department issued a decision that dealt with lake bottoms and adverse possession. In LS…

September 23, 2019

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September 23, 2019

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Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in…

September 16, 2019

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September 16, 2019

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Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY.  Its website can…

September 09, 2019

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September 09, 2019

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Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA

In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson,…

September 03, 2019

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September 03, 2019

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Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First…

August 26, 2019

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August 26, 2019

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Appellate Division Affirms Supreme Court Determination Upholding Southampton Town ZBA Decision

By decision dated December 17, 2015, the Town of Southampton Zoning Board of Appeals granted relief from Town Code §330-82…

August 19, 2019

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August 19, 2019

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Pine Barrens Credits-A Matter of Interpretation

The Long Island Central Pine Barrens Protection Act (“Act”), enacted in 1993, created the Central Pine Barrens  Joint Planning &…

August 12, 2019

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August 12, 2019

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Long Island’s Backyard Chicken Movement Tries Not to Run A-Fowl of Local Zoning Regulations

The backyard chicken movement that has been rapidly gaining momentum across the United States has firmly taken hold on Long…

August 05, 2019

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August 05, 2019

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Constitutional Challenges to Zoning Subject to Very High Standard

A recent Supreme Court decision, In the Matter of Preserve Our Brooklyn Neighborhoods v. City of New York, demonstrates the…

July 29, 2019

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July 29, 2019

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Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates…

July 22, 2019

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July 22, 2019

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The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course

While the Town of Halfmoon (“Town”) in Saratoga County, New York,  may be far from any given reader, the issues…

July 15, 2019

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July 15, 2019

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Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

A recent ruling by the Appellate Division, Second Department, Matter of Coney Island Boardwalk Community Gardens v City of New York,…

July 01, 2019

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July 01, 2019

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Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip

Fairway Manor, a senior rental housing complex for ages 55 and older, located on the border of Blue Point and…

June 24, 2019

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June 24, 2019

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Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining Property Owner

A recent case from the Third Department, Shea v. Signal Hill Road LLC, involved a dispute about untrimmed trees that…

June 17, 2019

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June 17, 2019

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Doctrine of Laches Bars Neighbor’s Challenge to Development

A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who…

June 10, 2019

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June 10, 2019

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Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

The Hempstead Town Board recently approved a sweeping rezoning of portions of North Lawrence and Inwood that are designed to…

June 03, 2019

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June 03, 2019

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Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge…

May 28, 2019

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May 28, 2019

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Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action

A recent case from the Appellate Division, Second Department, addresses one of our favorite topics, standing. It is a cautionary…

May 20, 2019

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May 20, 2019

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Andros Patent Studied in Dispute Over Oyster Bay Boundary: This Clam Is Your Clam, This Clam Is My Clam

Here’s one for the history buffs! A quiet feud between the State of New York and the Town of Oyster…

May 13, 2019

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May 13, 2019

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Zoning Boards Cannot Render Determinations Absent Jurisdiction and Not All Violations of the Open Meetings Law Justify Annulment or Award

The Appellate Division, Second Department, in Chestnut Ridge Associates, LLC v 30 Sephar Lane, Inc. 169 A.D.3d 995, 2019 N.Y.…

May 06, 2019

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May 06, 2019

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Court Upholds East Hampton Town ZBA Determination Denying Application for a Natural Resources Special Permit

In the Matter of Strandkorb, LLC v. Zoning Board of Appeals of the Town of East Hampton, dated February 11,…

April 29, 2019

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April 29, 2019

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Stopping A Zoning Enforcement Action In Court

Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance…

April 22, 2019

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April 22, 2019

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Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld

In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the…

April 15, 2019

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April 15, 2019

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The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views

In The Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U),…

April 01, 2019

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April 01, 2019

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City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision

Over the past several years, this blog has presented several posts on the topic of standing. It is a frequent…

March 25, 2019

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March 25, 2019

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The Uncertain Future of the E-Cigarette Industry in New York

E-cigarettes and vaping have received a very mixed reception in New York.  While the multiplying number of vape shops and…

March 18, 2019

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March 18, 2019

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NYSDEC Proposes Revisions to the SEQR Handbook to Conform with Recent Amendments to the SEQR Regulations

The New York State Department of Environmental Conservation (NYSDEC) is proposing significant revisions to its State Environmental Quality Review Act…

March 11, 2019

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March 11, 2019

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Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor Area and Lot Coverage

In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences,…

March 04, 2019

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March 04, 2019

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Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District

In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court,…

February 25, 2019

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February 25, 2019

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Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use

In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a…

February 19, 2019

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February 19, 2019

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Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for…

February 11, 2019

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February 11, 2019

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Municipalities Cannot Withhold Permits to Secure Infrastructure and Improvements

In Joy Builders, Inc. v. Town of Clarkstown, 2018 N.Y. Slip Op. 07110, 165 A.D.3d 1084 (2d Dept 2018), a developer (“Developer”),…

February 04, 2019

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February 04, 2019

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Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

The Town of North Hempstead decided to ban recreational marijuana even before it becomes legal in New York. At its…

January 21, 2019

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January 21, 2019

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Getting Lost in the “Open Space” of New York City’s Superblocks

In Peyton v. New York City Bd. of Standards and Appeals, (2018 N.Y. 06870, 166 A.D.3d 120 (1st Dept 2018), Petitioners-community residents…

January 14, 2019

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January 14, 2019

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Appellate Division Finds Town of Southold’s Local Law Up-Zoning Property Valid

In 1999, the Greenport Group, LLP (“Greenport Group”) acquired a 31 acre parcel of land located on the east side…

January 07, 2019

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January 07, 2019

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Potential Conflicts and Interplay between the Village of Southampton Board of Architectural and Historic Preservation and the Village of Southampton Zoning Code

In a decision dated October 30, 2018, Supreme Court Judge Joseph Pastoressa remanded a decision made by the Southampton Village…

January 02, 2019

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January 02, 2019

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Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase…

December 17, 2018

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December 17, 2018

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Third Department Says “Yes” and Upholds Wedding Venue as Custom and Incidental Accessory Use

Local zoning ordinances throughout New York State incorporate the flexible “accessory use” component so as not to unnecessarily restrict one’s…

December 10, 2018

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December 10, 2018

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New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling…

December 03, 2018

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December 03, 2018

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Failure To Appeal First Zoning Board Decision Results In Application Of Factual Res Judica To Second Application For Similar Relief

In Voutsinas v. Schenone, 2018 NY Slip Op 07439 (2d Dept, November 17, 2018), the Appellate Division, Second Department, reminded…

November 26, 2018

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November 26, 2018

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Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area Variance Applications

The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an…

November 19, 2018

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November 19, 2018

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Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void

New York State Town Law § 277(9) authorizes a town Planning Board to require a developer to provide a performance…

November 12, 2018

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November 12, 2018

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Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patchogue

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village…

November 05, 2018

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November 05, 2018

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Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out…

October 29, 2018

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October 29, 2018

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Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply…

October 22, 2018

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October 22, 2018

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Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance

A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted.  Petitioners in 54 Marion Ave., LLC…

October 15, 2018

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October 15, 2018

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Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York,…

October 09, 2018

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October 09, 2018

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Defective SEQRA Determination Derails South Nassau Cultural Center

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination…

October 01, 2018

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October 01, 2018

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Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed…

September 24, 2018

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September 24, 2018

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Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situated at 769 Old Montauk Highway, Montauk New…

September 17, 2018

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September 17, 2018

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Faulty SEQRA Sinks Village’s Use of Eminent Domain

Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena.  See, Matter of Adirondack Historical Association…

September 10, 2018

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September 10, 2018

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Second Department Upholds Board of Zoning Appeals Decision Finding Vacant Land Was Not Single and Separate

Given the complex zoning regulations that govern development of vacant land, in recent years, it has become uniquely challenging to…

September 04, 2018

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September 04, 2018

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Town Considers New Zoning Regulations for Port Washington Waterfront

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations…

August 27, 2018

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August 27, 2018

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The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots…

August 19, 2018

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August 19, 2018

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Revitalizing Long Island’s Downtown Communities – Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant

  Last week, we reported on a $10 million award issued by the State to help revitalize downtown Hicksville. Well,…

August 13, 2018

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August 13, 2018

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Hicksville’s $10 Million Downtown Revitalization Initiative Award – Get Ready For Some Big Changes

On July 3rd, Governor Cuomo announced that the state was giving the Town of Oyster Bay a $10 million Downtown Revitalization…

August 06, 2018

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August 06, 2018

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Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?

After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments…

July 30, 2018

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July 30, 2018

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Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24…

July 23, 2018

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July 23, 2018

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Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Split zoned parcels can be a headache for property owners and practitioners.  In general, a split zoned parcel is a piece of land located in…

July 16, 2018

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July 16, 2018

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How Not to Fix A Failure to Refer A Land Use Matter To The Planning Commission

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning…

July 09, 2018

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July 09, 2018

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Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to…

July 02, 2018

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July 02, 2018

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Will The Town of Huntington Change Its Zoning Code To Limit Upstairs Apartments In Its Mixed Use Business District?

In April 2006, the Town of Huntington adopted a local law (Local Law 14-2006) that added § 198-27(A)(22) to its…

June 25, 2018

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June 25, 2018

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When Can A Municipal Board Approve a Contract “In Substance?” The Answer May Be Different in a Village Versus a Town

It turns out, according to the Supreme Court, Orange County, that the standards for review of municipal contracts are noticeably…

June 18, 2018

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June 18, 2018

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A Long Island Sound Crossing – Will This Bridge or Tunnel Ever Be Built?

For many decades, Long Islanders have been hearing about proposals to span over or under Long Island Sound. The most…

June 11, 2018

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June 11, 2018

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Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End…

June 04, 2018

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June 04, 2018

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An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit

In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning…

May 29, 2018

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May 29, 2018

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The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Last month, the Appellate Division, Second Department, issued four decisions[1] in a series of hybrid proceedings challenging local laws in…

May 21, 2018

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May 21, 2018

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Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

It is not uncommon for municipal planning departments to require applicants who are seeking land use approvals involving multiple contiguous parcels to…

May 14, 2018

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May 14, 2018

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Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by…

May 07, 2018

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May 07, 2018

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Failure to Refer Area Variance Application to County Planning Agency Poses Jurisdictional Defect and Nullifies Approvals

In Fichera, et al. v. New York State Dep’t of Envt’l Conserv., et al., decided last month, Petitioners commenced an Article 78…

April 30, 2018

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April 30, 2018

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Lack of Standing Is Fatal To Challenge

Standing is a threshold issue in challenges to administrative decisions.  Prior blog posts have dealt with standing in cases involving challenges to local land use…

April 23, 2018

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April 23, 2018

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The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review…

April 16, 2018

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April 16, 2018

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Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to…

April 10, 2018

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April 10, 2018

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Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on East Hampton Oceanfront Property

In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated…

April 02, 2018

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April 02, 2018

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Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of Farmland

Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court…

March 26, 2018

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March 26, 2018

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Border Wars – Queens versus Nassau

With all the talk about a border wall between the United States and Mexico, we were amused to come across…

March 19, 2018

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March 19, 2018

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Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division,…

March 12, 2018

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March 12, 2018

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The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New…

March 05, 2018

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March 05, 2018

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Oyster Bay’s Code Provision Linking Building Permits To Qualified Apprenticeship Programs Enjoined

Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors…

February 26, 2018

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February 26, 2018

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Second Department Vacates Trial Court Order Requiring Removal of Trespassing Structure: Will Money Damages Compensate the Trespassed Upon Party?

On January 24, 2018 the Appellate Division, Second Department affirmed in part, and reversed in part, a trial court order…

February 20, 2018

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February 20, 2018

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Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a…

February 12, 2018

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February 12, 2018

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New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster Operation and Summer Cottage Use

By letter dated November 24, 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial…

February 05, 2018

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February 05, 2018

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Oh Deer! Local Hunting Laws and New York State Preemption Doctrine

In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long…

January 29, 2018

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January 29, 2018

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Second Department Upholds Loss of Religious Use Real Property Tax Exemption

On January 18,  2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property…

January 22, 2018

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January 22, 2018

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Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel…

January 16, 2018

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January 16, 2018

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The Ambiguity Rule: “Not-So-Clear” Can Be Useful When Seeking Variances

It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the…

January 08, 2018

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January 08, 2018

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SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of Health

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two…

January 02, 2018

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January 02, 2018

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Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that…

December 26, 2017

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December 26, 2017

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Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017,…

December 19, 2017

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December 19, 2017

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Climate Change and Coastal Adaptation in the Tri-State Area

Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of…

December 11, 2017

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December 11, 2017

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Empire Wind: New York’s Latest Off-Shore Wind Energy Project

In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government…

December 04, 2017

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December 04, 2017

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In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key

In 2009, Scenic Development, LLC (“Scenic”) sought a zone change for the property formerly known as the “Patrick Farm” located…

November 27, 2017

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November 27, 2017

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When Governmental Entities Collide – Local Zoning Codes May Be The Loser

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As…

November 20, 2017

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November 20, 2017

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Appellate Term Reverses Village of Port Jefferson Illegal Rental Permit Convictions

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. …

November 13, 2017

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November 13, 2017

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Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

In the Village of Bayville, New York (“Village”), a landowner wished to enclose and protect private property (“Lot 18”) , including the roadway…

November 06, 2017

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November 06, 2017

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Federal Oversight of Zoning within the Fire Island National Seashore

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore…

October 30, 2017

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October 30, 2017

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FOIL Follies- Draft Plans Once Submitted Must Be Made Available

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain  exemptions. See, Public Officers…

October 23, 2017

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October 23, 2017

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Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the…

October 16, 2017

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October 16, 2017

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Court Supports Expansive View of What Constitutes Religious Use

Note:  Law clerk Joanna Lima assisted in drafting this blog post. Courts have recently expanded what constitutes religious conduct. In particular, in…

October 10, 2017

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October 10, 2017

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How High Is Too High – Measuring the Height of a Structure

Measuring the height of a structure may seem straightforward in the abstract, but sometimes in practice that is not the…

October 02, 2017

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October 02, 2017

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Westhampton Beach Park Fee Upheld

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a…

September 25, 2017

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September 25, 2017

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Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017

As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New…

September 18, 2017

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September 18, 2017

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Comfort Stations May Be Permitted Uses of Public Streets

After Hurricane Sandy devastated Long Beach and its boardwalk in 2012, officials sought to reconstruct the city’s iconic esplanade. As…

September 11, 2017

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September 11, 2017

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New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning.   Back in 1981, the New York State Legislature enacted the…

September 05, 2017

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September 05, 2017

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How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of  how to successfully record a…

August 28, 2017

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August 28, 2017

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Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 3

In this post, which is the third and final segment of a three-part series, we look at real property recording…

August 21, 2017

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August 21, 2017

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SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations

Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board…

August 14, 2017

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August 14, 2017

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7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape

On July 7, 2017, Judge William G. Ford issued a decision in the case Matter of 7-Eleven, Inc. v. Town…

August 07, 2017

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August 07, 2017

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The Mysterious Case of the Disappearing Type II: Town not Permitted to Reclassify a Type I Action as a Type II Action

In Miranda Holdings v. Town Board of Town of Orchard Park, ____ N.Y.S. 3d, ____, 2017 WL 2884633 (4th Dept.…

July 31, 2017

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July 31, 2017

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Court of Appeals Reiterates “Modest” Burden for Regulating Adult Uses in People Theatres of N.Y. Inc. v. City of New York

In People Theatres of N.Y. Inc. v. City of New York, 2017 N.Y. Slip Op. 04385, various owners of adult businesses…

July 24, 2017

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July 24, 2017

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Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York…

July 17, 2017

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July 17, 2017

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Uniform Code Conflicts – Town vs. State Regulations

The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards…

July 10, 2017

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July 10, 2017

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Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of…

July 05, 2017

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July 05, 2017

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It’s A Bird, It’s A Plane, It’s A Floating Zone

According to the American Planning Association, a “floating zone” is a zoning district that “delineates conditions” rather than the more…

June 26, 2017

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June 26, 2017

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State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

The State liquor law preempts  local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption.   Accordingly,…

June 19, 2017

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June 19, 2017

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Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

In this post, which is the second segment of a three-part series, we will highlight the various ways that local…

June 12, 2017

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June 12, 2017

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Tie Vote – No Default Denial- Town Law 267-a(13)(b)

Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an…

June 05, 2017

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June 05, 2017

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Redevelopment of Route 110 in East Farmingdale

The Town of Babylon’s plan to revitalize the Route 110 corridor in East Farmingdale, NY keeps moving forward. The Town began…

May 30, 2017

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May 30, 2017

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Rock Hill Golf and Country Club Joins Brookhaven’s Golf Course District

On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill…

May 22, 2017

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May 22, 2017

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Town of Southold Expands Scope of Agricultural Use

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning…

May 15, 2017

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May 15, 2017

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Beware The Restrictive Covenant

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real…

May 08, 2017

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May 08, 2017

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Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers

The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy…

May 01, 2017

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May 01, 2017

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Shoreham is Catching Rays in Move from Mulligans to Megawatts

This month, U.S.-based energy giant Invenergy expects to break ground on New York’s second largest solar farm project at the former Tallgrass golf course in Shoreham. …

April 24, 2017

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April 24, 2017

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Second Department Reverses Trial Court: Cottage is not a Nonconforming Use

On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017…

April 17, 2017

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April 17, 2017

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Preservation by Law May Become Par for the Course: Brookhaven Town Rezones Golf Courses

The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps…

April 10, 2017

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April 10, 2017

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Type II Actions Will Be Expanded Under NYSDEC’S Proposed Changes To SEQRA Regulations

The New York State Department of Environmental Conservation (“NYSDEC”) proposed significant changes to the State Environmental Quality Review Act (“SEQRA”)…

April 03, 2017

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April 03, 2017

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Land Use and Environmental Pitfalls for Realtors- Includes Exclusive Power Point Presentation

On February 20, 2017, our colleagues blogged about Ader v. Guzman, 135 AD3d 668 [2d Dept. 2016] and a guidance…

March 31, 2017

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March 31, 2017

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Vested Rights – Court of Appeals Update

Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of…

March 27, 2017

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March 27, 2017

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East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

The Town Board of the Town of East Hampton (“Town Board”) is considering progressive new legislation that will require advanced…

March 20, 2017

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March 20, 2017

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Artists’ Studios in East Hampton: “Cease and Desist”

East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing.   However, because of a…

March 13, 2017

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March 13, 2017

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Sky Signs, Colossal Murals and Billboards, Oh My

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce…

March 06, 2017

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March 06, 2017

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Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis…

February 27, 2017

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February 27, 2017

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As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements

Municipalities on Long Island are struggling to control rental properties. In Southampton, rental properties are governed by Chapter 270 of…

February 20, 2017

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February 20, 2017

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Hemp: Coming to a Farm Near You?

DEREGULATING INDUSTRIAL HEMP Plans to expand New York’s Industrial Hemp Agricultural Pilot Program were recently announced by Governor Andrew Cuomo…

February 13, 2017

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February 13, 2017

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Denial of Site Plan Application to Construct a Mosque Held to Violate RLUIPA

On December 31, 2016, U.S. District Judge Michael Shipp of the District of New Jersey authored a 57-page opinion granting…

February 06, 2017

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February 06, 2017

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Steel Over the Ocean: LIPA Approves Offshore Wind Farm Southeast of Montauk

Last Wednesday, LIPA unanimously approved Deepwater Wind’s proposal to build the nation’s largest offshore wind farm approximately 30-35 miles off the coast of…

January 30, 2017

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January 30, 2017

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Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 1

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State,…

January 23, 2017

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January 23, 2017

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Village of Asharoken Opts Out of Federal Beach Project

Asharoken, N.Y. January 10, 2017 — Swayed by public opinion, the Incorporated Village of Asharoken (“Asharoken”) opted out of a…

January 17, 2017

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January 17, 2017

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Update on Town of Huntington’s Proposal To Ban Short-Term Rentals

At its January 10, 2017 meeting, the Town Board of the Town of Huntington held a public hearing to discuss…

January 12, 2017

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January 12, 2017

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Public Hearing On The Town Of Huntington’s Short-Term Rental Ban Set For Tomorrow, January 10, 2017

Last April, my colleague Anthony Guardino blogged about the Town of Southold’s local law banning “transient rental properties”, which Southold…

January 09, 2017

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January 09, 2017

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Farrell Fritz Land Use Blog – 2016 Year in Review

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about…

January 03, 2017

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January 03, 2017

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Failure to Seek Preliminary Injunctive Relief Supports Motion to Dismiss and Renders Appeal Academic

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic”…

December 27, 2016

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December 27, 2016

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Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use Laws

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development…

December 19, 2016

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December 19, 2016

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Appellate Court Invalidates Condition Imposing Durational Limit on Special Permit

Under New York State law, zoning boards and planning boards are authorized to impose reasonable and appropriate conditions  and restrictions…

December 12, 2016

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December 12, 2016

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Articles & Advisories

SEQRA Standing in the Appellate Division Departments

Courts throughout the state regularly deal with the issue of standing in proceedings under the State Environmental Quality Review Act…

March 26, 2020

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Grand Jury Report Leads to Proposed Environmental Crimes Law

The catchy name – “Operation Pay Dirt” – was in actuality a quite serious multi-agency investigation by the Suffolk County…

January 23, 2020

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New York Fights Interstate Smog, And the EPA

Emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) to the ambient air can react in the presence of…

November 26, 2019

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New York Green Bank Grows As Clean Energy Funding Source

Nearly seven years after New York Governor Andrew M. Cuomo’s 2013 State of the State message, in which he called…

October 01, 2019

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NY State Legislature Passes Two Major Environmental Bills

In June, the New York State Legislature passed two of the most significant environmental bills in recent memory. The two…

July 26, 2019

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Standing Still Perplexes Challengers In SEQRA Actions

It has been a decade since the New York Court of Appeals’ landmark decision in Matter of Save the Pine…

May 23, 2019

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NY State Regulators Certainly Are Not Climate Change Skeptics

A few months from now, New York City again will be hosting a week-long series of events dealing with the…

March 21, 2019

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The SEQR Handbook Is Changing–Here’s Why That Matters

The New York State Department of Environmental Conservation (NYSDEC) is proposing significant revisions to its handbook on the State Environmental…

January 24, 2019

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State (Probably) Will Bring Congestion Pricing to New York City

With the election over, Gov. Andrew Cuomo reelected, and Democrats having taken control of both houses of the New York…

January 07, 2019

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Hidden hazards

Charlotte Biblow, partner, is quoted in this article. What you don’t know can hurt you. That’s one of the takeaways…

October 17, 2018

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Podcasts


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News

Who’s Who in Women in Professional Services – Charlotte Biblow

Reprinted with permission by Long Island Business News, July 31-August 6 issue. Charlotte A. Biblow is a partner at Farrell…

September 01, 2015

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Who’s Who in Women in Professional Services

October 28, 2011

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Press Releases

29 Farrell Fritz Attorneys Recognized as 2019 Leading Lawyers in Their Respective Areas of Practice

Farrell Fritz has a combined total of 29 attorneys selected to the 2019 New York Metro Super Lawyers and New…

September 17, 2019

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30 Farrell Fritz Attorneys Recognized as 2018 Leading Lawyers in Their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2018 New York Metro Super Lawyers and New…

September 13, 2018

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American Heart Association to Honor Farrell Fritz Partner Charlotte Biblow at 2018 LI Go Red for Women Luncheon

Farrell Fritz is pleased to announce that Charlotte A. Biblow will be honored by the American Heart Association at their…

December 08, 2017

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31 Farrell Fritz Attorneys Recognized as 2017 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 31 attorneys selected to the 2017 New York Metro Super Lawyers and New…

September 20, 2017

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30 Farrell Fritz Attorneys Recognized as 2016 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2016 New York Metro Super Lawyers and New…

September 21, 2016

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30 Farrell Fritz Attorneys Recognized as 2015 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2015 New York Super Lawyers and New York…

September 16, 2015

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Farrell Fritz Attorneys to Receive Long Island Business News’ “2014 Leadership in Law” Awards

Farrell Fritz warmly congratulates Charlotte A. Biblow, Heather P. Harrison and Robert M. Harper on being selected to receive Long…

October 03, 2014

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30 Farrell Fritz Attorneys Recognized as 2014 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys named to the 2014 New York Super Lawyers and New York…

September 23, 2014

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Rachel A. Scelfo of Farrell Fritz Appointed to The Art League of Long Island’s Board of Directors

Congratulations to Rachel A. Scelfo on her recent appointment to The Art League of Long Island’s (ALLI) board of directors.…

March 26, 2014

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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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Pro Bono

Keeping L.I. Green while Saving Sustainable Long Island Some Green

Sustainable Long Island is a not-for-profit organization founded in 1996 by a diverse group of stakeholders in the Long Island…

August 15, 2011

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Helping The Unisphere Foundation Beautify the City

The Unisphere Foundation is a not-for-profit foundation that was founded in 2003 and operates out of Queens, New York. Its…

August 11, 2011

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