In the recent decision of Verizon New York v. Village of Westhampton Beach, et al., Magistrate Judge A. Kathleen Tomlinson ruled in favor of Verizon and the Long Island Power Authority (“LIPA”) and declined to “read in” a provision into franchise agreements that would bar the utilities from allowing the attachment of wooden or
Second Circuit Says Enough is Enough to Town that Delays Subdivision Application
In 2000, Plaintiff Steven Sherman applied to the Town of Chester Planning Board for subdivision approval while in the process of purchasing nearly 400 acres for $2.7 million dollars. According to the Second Circuit Court of Appeals in its recent decision in Sherman v Town of Chester, 752 F3d 554 [2d Cir 2014], “[t]hat