As many of us continue to cocoon inside our homes during the COVID-19 pandemic, avoiding supermarkets and anyone else for that matter, Long Island farms are seeing a resurgence in interest for locally grown produce and agricultural products. In some ways farmers are sometimes better off than town and city dwellers., because farmers can produce
Southampton Town Targets Short Term Rentals For Enforcement Due To Covid-19 Outbreak
In response to the Coronavirus outbreak, many New York City residents have sought refuge from the epicenter of the disease by travelling to the East End of Long Island. On March 27, 2020, several East End leaders, including leaders from the Town of Southampton, Town of Southold, Town of Riverhead, Village of Westhampton Beach, Village
How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context
Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge municipal determinations. This impact is significant given the short statutes of limitations periods typical to land use litigation. Governor Andrew Cuomo’s Executive Order 202.8 (“Executive
Coronavirus & The Open Meetings Law: How To Hold Public Meetings During The COVID-19 Pandemic
The public health crisis created by COVID-19 has forced municipal officials statewide to cancel, suspend or postpone previously scheduled public hearings and meetings. How do public bodies conduct their necessary business during these uncertain times? Below is a brief analysis and summary of what options are available.
Background
On March 7, 2020, Governor Cuomo issued
The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects
NOTE: This blog post was updated on March 27, 2020 to reflect the new guidance that was issued by New York State Governor Cuomo’s office today relative to construction.
Despite 
the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless
Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds
A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action.
In 2007, Orange County (the “County”) acquired property known as Camp LaGuardia from the New York City Economic Development Corporation. Originally,
Standing And The Open Meetings Law
A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily under the State Environmental Quality Review Act. A recent case issued by the Appellate Division, Second Department, entitled Matter of McCrory v Village of Mamaroneck Board of Trustees, involves standing in the context of
Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265
When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their objections, landowners can sometimes seek judicial review of the board’s decision through an Article 78 proceeding.[i] However, there is
Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing
The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle. The City adopted a negative declaration pursuant to the New York State Environmental Quality Review Act for the
New Yorkers Say Goodbye to Plastic Bags
New York’s “Bag Waste Reduction Act” and the regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC) to enforce this law become effective on March 1, 2020. The law bans the distribution of plastic carryout bags, also referred to as film plastic bags, commonly associated with grocery stores. The ban, however, is