Following in the footsteps of the towns of Huntington, Babylon and East Hampton, the Town of Oyster Bay voted on March 7, 2023, to create a Bureau of Administrative Adjudication pursuant to Article 14-BB of the General Municipal Law (“GML”). The bureau is an administrative tribunal that will process quality of life violations of the Town Code. Under the GML, administrative tribunals can adjudicate “all code and ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare.”Continue Reading Oyster Bay to provide for administrative adjudication of zoning and other code violations
As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level. However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect the interests of other jurisdictions.
Continue Reading State and County Laws Require Oversight of Certain Local Land Use Decisions
This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department based on New York’s preemption doctrine. In Hunters for Deer, Inc. v Town of Smithtown, ____AD3d (August 18, 2020) the Appellate Division settled a conflict preemption argument between State and local government regulations upholding the State’s authority to regulate…
Continue Reading New York State Environmental Conservation Law Preempts Local Municipality Hunting Restrictions in New York
A recent case from the Appellate Division, Second Department, addresses one of our favorite topics, standing. It is a cautionary tale about how not to establish standing.
Tilcon New York, Inc. v Town of New Windsor involved a hybrid proceeding in which the plaintiff/petitioner asserted nine separate causes of action. The appellate court determined that plaintiff/petitioner lacked standing on each…
Continue Reading Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action