On June 23, 2016, Governor Andrew Cuomo signed the Abandoned Property Neighborhood Relief Act of 2016, a bill to combat the blight that vacant, neglected and abandoned properties – referred to as “zombie properties” – have on New York communities. See, pg. 27, Part Q. The sweeping legislation includes several measures designed to reduce
Facebook Posts And Text Messages Result In Monetary And Other Sanctions Being Imposed Against A Municipality
In last week’s post, we discussed the case of Congregation Rabbinical College of Tartikov, Inc., v. Village of Pomona. That case involves a contested land use application for a rabbinical college that has cost the Village of Pomona and its taxpayers in excess of $1.5 million in legal fees to defend. This week’s post…
How To Spend Over $1.5 Million (And Counting) of Taxpayer Funds Defending A Land Use Claim
This blog post discusses the hotly contested litigation between the Village of Pomona (the “Village”) and the Congregation Rabbinical College of Tartikov (the “Congregation”) about a proposed rabbinical college. The case, Congregation Rabbinical College Of Tartikov, Inc., v. Village of Pomona, pending in the federal district court for the Southern District of New York…
No More General Municipal Law 239-m County Referrals!
As New York State land use practitioners and those interested in land use development, we are all well aware of the perils of failing to refer a land use application to the governing county land use commission. When discussing the referral process with my colleagues and those responsible for General Municipal Law 239-m referrals, such…
Vested Rights – When They Vest And When They Do Not
Zoning codes are often at odds with a property owner’s intended use for its site. In certain situations, a property owner may be able to use the site as intended. For example, if the actual use pre-dates the zoning code change, it can continue as a non-conforming use. This is frequently referred to as the…
Court Clarifies and Limits Prior Ruling on Challenges to SEQRA Positive Declarations
A recent ruling by the New York Court of Appeals strictly limits a developer’s right to appeal a positive declaration under the State Environmental Quality Review Act (“SEQRA”). A “positive declaration” triggers the need for a draft environmental impact statement (“DEIS”) because there is a finding that the project has the potential to result in…
Renewable Energy – It’s Not Just Blowing In The Wind
New York State is actively promoting the development and implementation of renewable energy sources. New York State’s 2015 Energy Plan has a goal of 50% of power coming from renewable sources by 2030.
Late last year, the Governor directed the New York State Department of Public Service (NYSDPS) to develop a Clean…
Pine Barren Credits – There’s Money In Those Trees
On July 14, 1993, the Long Island Pine Barrens Protection Act was signed into law by Gov. Mario Cuomo, creating one of the largest comprehensive land management plans in New York history.
After the State Legislature determined to protect approximately 100,000 acres of the Long Island Pine Barrens, the towns of Brookhaven, Riverhead and Southampton…
Suffolk County’s New Agricultural and Farmland Protection Plan
In December 2015, Suffolk County adopted an Agricultural and Farmland Protection Plan. The previous plan was adopted twenty years ago. This new plan discusses the current state of agriculture, sets goals for the future and provides recommendations to increase competitiveness and resiliency. Here are some highlights from the 2015 Plan.
Fun Facts
Did you…
Are Sustainability Plans and Climate Action Plans Helping to Preserve the Future of Long Island?
Several weeks ago, we wrote about the Village of Great Neck Plaza implementing a climate action plan to combat climate change. We now report on the efforts of other municipalities on Long Island to implement sustainability plans and climate action plans that are aimed at preserving and protecting Long Island’s future. Can these plans achieve…

