On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development. The two appeals, Friends of P.S. 163 v Jewish Home Lifecare and New York State Department of Health and Wright v New York State Department of Health,
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
Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?
The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property undersized for development purposes that had come into common ownership. In Murr v. Wisconsin, the
Climate Change and Coastal Adaptation in the Tri-State Area
Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of climate change. The report, entitled Climate Science Special Report, is of particular concern to Long Islanders, many of whom live by, work near, or enjoy the coast. Another report, issued at the end of
Empire Wind: New York’s Latest Off-Shore Wind Energy Project
In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government for wind energy development. Statoil’s wind energy project will be located approximately fourteen miles south of Long Beach and the Rockaways and will extend out to a distance of 30 miles. The project, to be
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
Federal Oversight of Zoning within the Fire Island National Seashore
Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about 1,760 feet, divides the Great South Bay and the westerly end of Moriches Bay