REAL PROPERTY PRE-PURCHASE DUE DILIGENCE:
IMPACT OF ASTM’S NEW PHASE I ENVIRONMENTAL SITE ASSESSMENT STANDARD
By: Charlotte Biblow
Prospective property buyers and their environmental professionals are treading in uncertain territory when conducting due diligence activities these days. Here’s why:
Background
On November 1, 2005, the US Environmental Protection Agency (“USEPA”) issued its All Appropriate Inquiries
Although the law has long favored the free and unencumbered use of property, the Broadway Flushing Homeowners Association, Inc. (“BFHA”) recently obtained a legal victory upholding a 1909 private covenant that continues to preserve the park-like character of its suburban neighborhood in North Flushing. See, Broadway Flushing Homeowners’ Association, Inc. v Eastern NY Enterprises,
On September 10, 2013, the Town of Southampton adopted a Resolution authorizing the “acquisition” of the ever popular and quite infamous Neptune Beach Club (referred to by partygoers as “Neptunes”) located on Dune Road in Hampton Bays. The source of funding for the acquisition is the Community Preservation Fund (“CPF”) established in 1998 and adopted
Yes, it’s true- the New York State Legislature has proposed legislation specifically designed to provide Towns, Villages and Cities with the authority to not only regulate, but to ban, all retail establishments which present a standardized branded marketing concept!
During the 2013-2014 Legislative Session, Legislative Bill S01771/A01216 was introduced for consideration by the New York
If an applicant is aggrieved by decision of their local zoning board, he or she may request a rehearing of the application. It is commonly thought that a zoning board can only rehear an application if there are new facts or a change of law. This assumption in not entirely correct, however, and does not
In an area of shifting sands, the Suffolk County Supreme Court in Semlear, et al. v. Albert Marine Construction, Inc., delineated property rights landward of the crest of the dune, the “line of demarcation”, and the rights of the Southampton Town Trustees to regulate the placement of shoreline protection structures along the beaches of the
On May 21, 2013, the Town of Brookhaven adopted Local Law No. 26, which amends Brookhaven Town Code § 85-38 by imposing a supermajority vote of Brookhaven Town Board members in those instances where a written petition, commonly known as a “Protest Petition” is filed by town property owners opposing a change of zone application.
Who says, “You can’t fight City Hall”? In New York, a “stop work order” or a temporary restraining order can be issued by a municipality upon a person or company who is in violation of a zoning ordinance. Both of these are severe in nature, placing an immediate halt on any work or construction. The
By Lou Vlahos, Tax Partner at Farrell Fritz, P. C.
Even a cursory review of IRS enforcement efforts over the last few years would reveal that the government has dedicated substantial resources to auditing charitable conservation easements. Rarely does a week go by without one of the information services, to which many tax professionals
On February 14th, the Court of Appeals decided Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, – – N.E.2d – -, 2013 WL 530640 (N.Y.), 2013 N.Y. Slip Op. 00949 (Feb. 14, 2013). At issue was a provision of the Town of Hempstead Building Zone Ordinance (“BZO”) which prohibited check cashing