On March 2, 2021 New York’s Office of Renewable Energy Siting (“ORES”) issued final regulations governing the siting of major renewable energy facilities pursuant to obligations established by the Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”). The regulations serve as a tool to achieve the climate change targets established by the Climate
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 of Sodus (the “Village”), in Wayne County, New York (the “Parcels”). Each parcel was created as the result of a subdivision by the original grantor, Sodus Bay Heights Land Co. (“Land Company”), at some
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 or otherwise alienate the use of that land for private use without the State Legislature’s approval (see e.g. 10 E. Realty, LLC v Inc. Vill. of Valley Stream, 17 AD3d 474, 476
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 fires in colonial Philadelphia should serve as a reminder to municipal boards of the strict compliance required by New York’s General Municipal Law (GML) §239-m mandated by the courts. In New York, the failure to