In the Matter of Parsome, LLC v. Zoning Board of Appeals of the Village of East Hampton, decided February 10, 2021, the petitioner appealed the denial of an Article 78 Petition by the Supreme Court, Suffolk County. The Appellate Division, Second Department, upheld the Supreme Court’s determination. Specifically, petitioner purchased property in the manufacturing
Truck Beach – Drawing Lines In The Sands of East Hampton
The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department. In Seaview at Amagansett v, Trustees, the Appellate Division reversed much of a trial court’s 2016 decision and seemed to erode the
Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties
In an effort to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping centers, bowling alleys and health club properties, the Brookhaven Town Board recently voted to adopt a new zoning classification, known as the Commercial Redevelopment District (“CRD”). In the past year, there were a number of retail and commercial recreational businesses
Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer
In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer. The Wetlands Inspector for the Town of Putnam Valley (the “Town”) granted the owners a permit waiver, and shortly thereafter, the
Snow Way They’re Paying for That: Limitations on Government Liability for Snow Plow Accidents
With all the recent snow Long Island has seen, and with more in the forecast, snow plows, sanders, and other emergency response vehicles have been a common sight. The time is right, therefore, for a quick word on the heightened burden plaintiffs face when suing a local government for auto accidents involving one of these
Shinnecock Nation’s Second Sign Sees Renewed State Resistance
Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin the completion, maintenance and operation of two sixty-foot tall electronic billboard-monuments (“Project”) on opposite sides of State Route
Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702
The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn submitted permit applications to the Village for four weddings to be held outdoors in tents at the
Amityville Prepares For Production: Avoiding the Horror with Proposed Filming Law
With prospects of featuring its history and architecture on screen, the Village of Amityville (“Amityville“) has been considering adopting a local law to regulate filming and photography for movies, television and commercials. The purpose of the proposed law is to minimize the adverse impact of these activities for village businesses and residents, while
Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings
This blog post provides an update to a post that was published on November 30, 2020, regarding a dispute over the Town of Oyster Bay’s recently adopted rules governing conduct at public meetings. The new procedures, which created rules of decorum and prohibited inappropriate and disruptive behavior during public meetings, were challenged by Kevin McKenna,
Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage of Construction Equipment
In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use.
By way of background, the petitioner (“Petitioner”) owns property located in Rocky Point, within the Township of Brookhaven (the