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In Matter of County of Monroe, 72 NY2d 338 (1988), the New York Court of Appeals addressed the applicability of local zoning laws to actions undertaken by a government entity operating within a geographic area subject to another government entity’s zoning powers. The controversy in Monroe involved the expansion of a county-owned and operated airport located within the corporate boundaries of the City of Rochester. The Monroe Court established that governmental immunity from local zoning is determined based upon a “balancing of public interests” that requires the consideration of nine factors, including “the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests” 72 NY2d at 343 (citations omitted).Continue Reading Under Monroe Doctrine, Government Immunity from Local Zoning May Extend to Private Projects

On April 4, 2023, the Town of Riverhead joined the growing list of Long Island municipalities to have adopted special zoning regulations for Battery Storage Energy Systems (or BESS) projects. The law, which was filed with the State and took effect on April 15, 2023, is codified in Chapter 301, Article LIID of the Town Code, appropriately titled “Battery Energy Storage Systems.” A copy of the adopted regulations is available by clicking the following link: Riverhead Bess Continue Reading Riverhead Gives the Green Light to New BESS Zoning Regulations

For most people, the idea of “Green Energy” likely evokes images of solar panels and wind turbines. However, the movement toward renewable energy, and a more reliable and efficient power grid, involves many other forms of technology that may yet be unfamiliar to the average person. But as the push to expand Green Energy production grows, so too will the

Continue Reading To BESS, or Not to BESS? The Emergence of Battery Storage Systems on Long Island

Long Island has seen a tremendous influx of investment in new industrial projects over the last two years, particularly in the self-storage, warehousing and distribution sectors. These projects promise to bring much needed, state-of-the-art facilities to Long Island’s towns, which industry leaders describe as a long-underserved market. Of equal importance to Long Island’s future is the tax revenue and jobs

Continue Reading Is a Freeze in the Forecast for Riverhead’s Industrial Development?

When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim accrued. The special relationship doctrine can arise in any number of situations involving a municipal actor, especially claims for personal injury. Interestingly, the doctrine was recently
Continue Reading Bow-wouch: A Word on Special Protections against Municipal Tort Liability

Last week’s election had news outlets across the State and nation talking about Long Island’s rare “red wave”.  While many are now debating what the apparent sea change means for Long Islanders, at least for the next few years, equal attention should also be paid to another important and far-reaching election result of a different color: New York’s “Green Amendment”.
Continue Reading Boon or Bane? New York’s Environmental Rights Amendment

A recent and alarming statistic shared by the Suffolk County Department of Health Services indicates that more than 80% of nitrogen found in Long Island’s surface waters is attributable to sewage. As if the idea of sewage constituents making their way into our lakes and bays isn’t concerning enough, the environmental impacts of nitrogen on water quality are as varied
Continue Reading New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st

The Public Trust Doctrine holds that when a municipality acquires land for an expressly public purpose, it cannot later sell or otherwise alienate the use of that land for private use without the State Legislature’s approval (see e.g. 10 E. Realty, LLC v Inc. Vill. of Valley Stream, 17 AD3d 474, 476 [2d Dept 2005]). The Doctrine
Continue Reading Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine

Absent local legislation to the contrary, town and village zoning boards act solely as appellate bodies authorized to hear and decide appeals taken from decisions by local zoning enforcement officials (ZEOs) (see Town Law § 267-A[4] [McKinney’s]; Village Law § 7-712-A[4] [McKinney’s]). The most common example of such appeals occurs when an applicant property-owner or developer applies to their local
Continue Reading Appellate Division Rejects Neighbor Attempt to Add Variances to Scope of Property Owner’s ZBA Application.

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 vehicles while engaged in emergency
Continue Reading Snow Way They’re Paying for That: Limitations on Government Liability for Snow Plow Accidents