On July 21, 2016, the Appellate Division, Third Department, upheld a decision of the trial court in Lavender II v. Board of Zoning Appeals of the Town of Bolton, 141 A.D. 3d 970 (3d Dept., 2016) (Krogmann, J. ,Warren County) holding that a Castle located in a residential zone along panoramic Lake George, could not
Article 78
Long Island Pine Barrens Society Has Standing To Challenge
By Farrell Fritz P.C. on
Posted in Article 78, SEQRA
In prior posts, we discussed sand mining in Southampton, Pine Barrens Credits and the State Environmental Quality Review Act (“SEQRA”). A recent case out of Suffolk County touches on all three areas, so we decided to write a blog post on it.
The case, Matter of the Application of the Long Island Pine Barrens Society, …
“Misrepresentations” May Justify Reconsideration of Prior Approval
By Anthony S. Guardino on
Posted in Article 78
In a decision that underscores the importance of presenting accurate and truthful information when making a land use application, the Appellate Division in Matter of Green 2009, Inc. v. Weiss, Index No. 2012-06784 (February 13, 2014), recently affirmed the Town of Hempstead Board of Appeals (“BOA”) decision to reopen a prior decision which granted…