It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the use of their property. Zoning restricts the use of land which was otherwise free of restrictions. An owner’s rights in use of land are among the oldest and enjoy the most protection under common law
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
In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key
In 2009, Scenic Development, LLC (“Scenic”) sought a zone change for the property formerly known as the “Patrick Farm” located in the Town of Ramapo to permit the development of multi-family housing. In three determinations adopted January 25, 2010, the Town Board resolved to (i) approve a findings statement pursuant to the State Environmental Quality
When Governmental Entities Collide – Local Zoning Codes May Be The Loser
A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water storage tanks and the village was powerless to use its zoning powers to either stop the construction
Appellate Term Reverses Village of Port Jefferson Illegal Rental Permit Convictions
Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second Department, was not only particularly interesting, but also, the topic of illegal rental permits is one that many land
Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation
In the Village of Bayville, New York (“Village”), a landowner wished to enclose and protect private property (“Lot 18”) , including the roadway thereon, against trespassers and traffic. The landowner sought to erect crash gates on both sides of its property and across the roadway to prevent public access. The road
Court Supports Expansive View of What Constitutes Religious Use
Note: Law clerk Joanna Lima assisted in drafting this blog post.
Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a portion of a church
Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017
As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar to the Towns of East Hampton and Brookhaven, the Town of Southampton adopted a local law on July 25, 2017 requiring advanced
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
How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success
On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of how to successfully record a deed in the State of New York, wherein we discussed the various types of ownership interests and how they should be correctly reflected.
On August 22, 2016, we authored Part Two in the series