Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondack Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]. The Appellate Division nullified the condemnation because the Village of Lake Placid failed to consider the environmental impact of its use
Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance
Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often these split zoned parcels are found at interfaces between commercial and residential uses or other areas
Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive
A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to the State Comptroller and State Park Commissioner requesting an opinion as to whether Town Trustee property, known as Hayground Cove or the Rose Hill Drive Boat Ramp, a small waterfront area with a boat
Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of Farmland
Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court Justice Whelan’s decision, which invalidated two local laws of the Suffolk County Legislature. See, Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, 2018 NY Slip Op. 01598 (March 14, 2018).
The Appellate
Oh Deer! Local Hunting Laws and New York State Preemption Doctrine
In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet to 150 feet from occupied buildings and public places. ECL11-0931(2). This created a ripple effect in many Long Island municipalities that
FOIL Follies- Draft Plans Once Submitted Must Be Made Available
New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. The presumption under FOIL is that the public has a right to access “records” maintained by an any agency, because “the Legislature enacted FOIL to provide the public
New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change
Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and Inland Waterways Act, N.Y. Exec. Law § 910. (the “NYS Coastal and Waterways Act”).
Coastal communities and communities on designated
Tie Vote – No Default Denial- Town Law 267-a(13)(b)
Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an action, the board is considered to have acted. What if a ZBA is unable to take any kind of majority action, ending up with a tie vote? The result hinges on the dual
Vested Rights – Court of Appeals Update
Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014].
In New York, the “vested rights” doctrine is equitable in nature and implicated when a property
Village of Asharoken Opts Out of Federal Beach Project
Asharoken, N.Y. January 10, 2017 — Swayed by public opinion, the Incorporated Village of Asharoken (“Asharoken”) opted out of a federal beach nourishment plan implemented by the Army Corp of Engineers (“ACOE”) in order to prevent the general public from accessing the Villages’ private beaches.
Asharoken is a narrow isthmus connecting the Village of Northport