The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a final State Environmental Quality Review Act (“SEQRA”) determination. In Stengel v Town of Poughkeepsie Planning Board, 167 AD3d
Appellate Court Upholds Adverse Possession Claim of Lake Bottom
In July, the Appellate Division, Third Department issued a decision that dealt with lake bottoms and adverse possession. In LS Marina, LLC v ACME of Saranac, LLC, the appellate court found in favor of the marina operator and granted it summary judgment on its adverse possession claim. Here are the facts and analysis that
Short-Term Rental Law Stumbles, But Survives Federal Court Challenge
Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. Several years ago, the Shelter Island Town Board enacted its STRL to (i) impose licensing and advertising requirements for certain vacation
Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled
The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. Its website can be found at cnyhiking.com/LudovicoTrail.htm. The Trail recently became a centerpiece of a land use dispute with the Town of Seneca Falls (Town).
In Matter of Frank J. Ludovico Sculpture Trail Corp. v Town of
Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA
In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming that the City Planning Board failed to comply with the State Environmental Quality Review Act (SEQRA) when it adopted a negative
Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects
A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects. First – a little background information. According to the New York State Energy Research and Development Authority (NYSERDA) a community solar project, sometimes referred to as a solar garden or shared renewable
Appellate Division Affirms Supreme Court Determination Upholding Southampton Town ZBA Decision
By decision dated December 17, 2015, the Town of Southampton Zoning Board of Appeals granted relief from Town Code §330-82 to allow a zero foot road frontage (where 40 feet is required) for two landlocked parcels located at 86 and 138 Old Sag Harbor Road in North Sea to allow for the construction of
Pine Barrens Credits-A Matter of Interpretation
The Long Island Central Pine Barrens Protection Act (“Act”), enacted in 1993, created the Central Pine Barrens Joint Planning & Policy Commission (“Commission”) which implements the Comprehensive Land Use Plan (“Plan”). Pursuant to the Act, a five-member Credit Clearinghouse Board (“Clearinghouse”) oversees a transfer of development rights program designed to maintain value in lands by
Long Island’s Backyard Chicken Movement Tries Not to Run A-Fowl of Local Zoning Regulations
The backyard chicken movement that has been rapidly gaining momentum across the United States has firmly taken hold on Long Island. The desire for homeowners to raise chickens takes various forms and can be rewarding on many levels. For those who desire a diet of food that is GMO-free or are disturbed by media reports
Constitutional Challenges to Zoning Subject to Very High Standard
A recent Supreme Court decision, In the Matter of Preserve Our Brooklyn Neighborhoods v. City of New York, demonstrates the difficulty a litigant faces when challenging a zoning determination on constitutional grounds. The petitioners are “an incorporated association of community members” from the Fort Greene area of Brooklyn (the “Petitioners”), who oppose proposed development