A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial evidence”.
The petitioners in Reddock own a 2.07-acre parcel of property in the Town of Smithtown adjacent to the Nissequogue River (the
Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third Department, Schulz v Town Board of the Town of Queensbury, issued on October 24, 2019, involved both of these elements and was a
The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a local law enacted by the Town of Greenburgh. At issue in Matter of American Massage Therapy Association v Town of Greenburgh was a
Residents of the Village of East Williston have prevailed (for now) over the East Williston Union Free School District’s plan to install a six-foot tall perimeter fence at the North Side School in the Village of East Williston, Nassau County. On October 4, 2019, Judge Sharon M.J. Gianelli handed down a Decision and Order (‘Decision”)
The Village of North Haven is a peninsula of land located on Noyac Bay in the Town of Southampton near Sag Harbor. Pursuant to Village Code §163-48(A), site plan review shall be required for “any proposed construction of a single family residence or accessory
A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation” within the meaning of the local zoning code.
Matter of McFadden v Town of Westmoreland Zoning Bd. presents a strikingly
In July, the Appellate Division, Third Department issued a decision that dealt with lake bottoms and adverse possession. In LS Marina, LLC v ACME of Saranac, LLC, the appellate court found in favor of the marina operator and granted it summary judgment on its adverse possession claim. Here are the facts and analysis that
The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. Its website can be found at cnyhiking.com/LudovicoTrail.htm. The Trail recently became a centerpiece of a land use dispute with the Town of Seneca Falls (Town).
In Matter of Frank J. Ludovico Sculpture Trail Corp. v Town of
In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming that the City Planning Board failed to comply with the State Environmental Quality Review Act (SEQRA) when it adopted a negative
A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects. First – a little background information. According to the New York State Energy Research and Development Authority (NYSERDA) a community solar project, sometimes referred to as a solar garden or shared renewable