In the recent decision of Verizon New York v. Village of Westhampton Beach, et al., Magistrate Judge A. Kathleen Tomlinson ruled in favor of Verizon and the Long Island Power Authority (“LIPA”) and declined to “read in” a provision into franchise agreements that would bar the utilities from allowing the attachment of wooden or
The “Taking” of Neptune Beach Club – Will Southampton Town Buy the Nui$ance?
On September 10, 2013, the Town of Southampton adopted a Resolution authorizing the “acquisition” of the ever popular and quite infamous Neptune Beach Club (referred to by partygoers as “Neptunes”) located on Dune Road in Hampton Bays. The source of funding for the acquisition is the Community Preservation Fund (“CPF”) established in 1998 and adopted
New York State Legislation Banning Prada, Kohl’s and Wal-Mart?
Yes, it’s true- the New York State Legislature has proposed legislation specifically designed to provide Towns, Villages and Cities with the authority to not only regulate, but to ban, all retail establishments which present a standardized branded marketing concept!
During the 2013-2014 Legislative Session, Legislative Bill S01771/A01216 was introduced for consideration by the New York
Stopping the Clock in a Zoning Enforcement Proceeding
Who says, “You can’t fight City Hall”? In New York, a “stop work order” or a temporary restraining order can be issued by a municipality upon a person or company who is in violation of a zoning ordinance. Both of these are severe in nature, placing an immediate halt on any work or construction. The
Long Island Towns and Villages Move to Regulate Bamboo
There is a movement afoot among Long Island municipalities to regulate or, in some cases, ban the planting, growing or cultivation of bamboo within their communities. To some, bamboo is an exotic evergreen plant that creates an attractive and effective privacy screen. To others, however, it is an aggressive, invasive plant that causes ecological harm
Community-Based Planning Leads to Desired Results for Residents and Expected Outcomes for Developers
What local options are available for my community to encourage growth that will meet the changing needs of the people who live there and, at the same time, preserve and protect critical natural resource areas? In New York, the State’s Town Law and Village Law give municipalities the power to create incentive zoning that will