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,
Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings
In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town resident commenced an action in the United States District Court for the Eastern District of New York
Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board
As the popularity of short-term rentals continues to grow and many local governments are adopting restrictions to keep their use in check, the authors of the Long Island Land Use and Zoning blog are closely monitoring how these restrictions are faring in the courts. As you will see from the recent case entitled Churchill v.
State and County Laws Require Oversight of Certain Local Land Use Decisions
As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level. However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect
Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development
The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.[1] The proposal follows on the heels of an April 2019 report commissioned by the Suffolk County Industrial Development Agency (“SCIDA”) which called for the park to position
The Coronavirus Lesson: Drive-Thrus are an “Essential Service” of Fast-Food Restaurants
In an effort to enforce social distancing and slow the spread of the coronavirus, many cities and states across the nation have adopted emergency orders mandating that restaurants, including fast-food chains, shut down their dine-in facilities. Not surprisingly, these new mandates resulted in a precipitous loss of business and have caused many restaurants to adjust
The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects
NOTE: This blog post was updated on March 27, 2020 to reflect the new guidance that was issued by New York State Governor Cuomo’s office today relative to construction.
Despite 
the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless
Modern Convenience Stores Restricted by “Inconvenient” Zoning Rules
The history of convenience stores in the United States can be traced back to 1927, when an employee of the Southland Ice Company in Dallas, Texas, realized that people needed a place where they could buy basic necessities after other stores had closed. The employee decided to sell items such as milk, bread, eggs and
Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses
In May 2019, National Grid – the utility company that provides natural gas to approximately 1.8 million customers in Brooklyn, Queens, Staten Island and Long Island – announced a moratorium on the processing of applications for new gas service. The moratorium was imposed following a May 15, 2019 Decision by the New York State Department
Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination
The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a final State Environmental Quality Review Act (“SEQRA”) determination. In Stengel v Town of Poughkeepsie Planning Board, 167 AD3d