On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development project that was the subject of the lawsuit/appeal was completed.
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 (“the Departments”) have issued numerous guidance documents and policy statements to help the public and state and local governments fully understand the FHA. In November 2016, the Departments issued a new guidance document (“guidance
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 on the grant of a variance or special permit, provided that they are directly related to, and incidental to, the proposed use of the property. Such conditions shall be consistent with the spirit and intent
East Hampton Town Board Adopts One-Year Moratorium For Wainscott
At its November 17, 2016 meeting, the East Hampton Town Board (Town Board) unanimously adopted a local law that temporarily suspends the authority of the East Hampton Town Planning Board to grant certain site plan and subdivision approvals for properties located on or adjacent to Montauk Highway in Wainscott. The moratorium applies to non-residential Central
New York State Land Banks: Are they Really Helping in the Fight Against Blight and Zombie Houses?
Although the use of land banks has been in existence for many years in other states, it was not until after the New York real estate market collapsed in or around 2008 that the New York State Legislature enacted the 2011 New York State Land Bank Act (“Land Bank Act”).
The Land Bank Act authorizes
It’s Not Over Until It’s Over: Court’s Rescission Of A Negative Declaration Is Not Always a Final Decision
We recently came across an interesting decision from a federal appeals court involving a town’s rescission of a 25-year-old negative declaration issued under the New York State Environmental Quality Review Act (SEQRA). A “negative declaration” is a written determination by a lead agency that a proposed action will not result in significant adverse environmental impacts.
Citizens Group Has Standing to Challenge Town of Southampton’s Canoe Place Inn Planned Development District
The Town of Southampton re-zoned three properties located in Hampton Bays adjacent or close to the Shinnecock Canal by amending the Town’s Zoning Code to add section 330-248(V), creating the Canoe Place Inn, Canal and Eastern District Maritime Planned Development District. This local
Complete Streets Policies – How To Achieve Cleaner, Greener and More Efficient Roadways
Complete Streets refers to roadway design aimed at ensuring safe and convenient access for all users, whether on foot, on a bicycle, in vehicles, or using other transit modes. 
Here on Long Island, roadway design has primarily focused on one mode of transportation – the automobile. But that is changing. Now, roadways are looked at
Riparian Easements And Waterfront Lands
In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by deed, if a waterfront lot is partitioned, any resulting lot that no longer physically touches the
Nassau and Suffolk Towns Enact Tougher Laws to Combat Vacant and Abandoned Properties
The Towns of Babylon and Hempstead have recently enacted legislation designed to combat the blight associated with “zombie” homes and other vacant and abandoned properties. Both laws create a registry and require the payment of fees to offset the costs associated with monitoring and inspecting properties that are required to register.
Town of Babylon
The