Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground storm water drain and one tide gate accessory thereto for drainage purposes.” The Village constructed a drain pipe which
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 Division, Second Department, affirmed the motion court’s decision granting an Article 78 petition to annul the denial of a site plan amendment application. The motion court and the appeals court held the
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 March 31, 2021, when Governor Andrew Cuomo signed the “Marijuana Regulation and Taxation Act” (S.854-A/A.1248-A) that was passed by the legislature the night before. The stated intent of the law is to regulate,
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, the Second Department reviewed a local zoning board’s denial of an applicant’s request to expand and improve the facilities on its property. The applicant/petitioner, Sid Jacobson Jewish Community Center, Inc. (“Petitioner”), is a “nonprofit