Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors and subcontractors be participants in a “qualified apprenticeship program” that is registered and approved by the New York State Department of Labor. While these provisions are often entitled “safe and code compliant construction” and may
Second Department Vacates Trial Court Order Requiring Removal of Trespassing Structure: Will Money Damages Compensate the Trespassed Upon Party?
On January 24, 2018 the Appellate Division, Second Department affirmed in part, and reversed in part, a trial court order granting Defendant, Bay Ridge Methodist’s counterclaim that certain cladding and a drip edge (a system used to deflect water) installed by the Plaintiff, David S. Kimball, along a party wall shared by the parties constituted
Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board
At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The proposed changes would have modified §280-13A(4) and §280-13C(10) of the Town Zoning Code. After a
New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster Operation and Summer Cottage Use
By letter dated November 24, 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial oyster operation, and six summer rental cottages were legal pre-existing nonconforming uses of the property at 28 Whites Lane, on Reeves Creek, Aquebogue NY (“subject property”). The subject property is owned by John and Sandra
Second Department Upholds Loss of Religious Use Real Property Tax Exemption
On January 18, 2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property tax exemption on the grounds that the property owner’s use of the main structure as a dormitory and living quarters for 20 students ran contrary to the one family dwelling Certificate of Occupancy issued for
SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of Health
On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development. The two appeals, Friends of P.S. 163 v Jewish Home Lifecare and New York State Department of Health and Wright v New York State Department of Health,
Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending
Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that post, the Petitioner, Donna Murr, contacted the author to provide us with an update to her family’s situation. 
After the Supreme Court decision in June, legislation was introduced in both the Wisconsin State Senate and
Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?
The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property undersized for development purposes that had come into common ownership. In Murr v. Wisconsin, the
Climate Change and Coastal Adaptation in the Tri-State Area
Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of climate change. The report, entitled Climate Science Special Report, is of particular concern to Long Islanders, many of whom live by, work near, or enjoy the coast. Another report, issued at the end of
Empire Wind: New York’s Latest Off-Shore Wind Energy Project
In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government for wind energy development. Statoil’s wind energy project will be located approximately fourteen miles south of Long Beach and the Rockaways and will extend out to a distance of 30 miles. The project, to be