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or the first time since 2005, the New York State Department of Agriculture and Markets is allowing New York wineries to produce wines with grapes grown out-of-state.
The move comes after New York suffered through one of the harshest winters in recent memory, which resulted in wide scale damage to vines and resulted in
Opponents of Eruv Dealt Legal Setback
In the recent decision of Verizon New York v. Village of Westhampton Beach, et al., Magistrate Judge A. Kathleen Tomlinson ruled in favor of Verizon and the Long Island Power Authority (“LIPA”) and declined to “read in” a provision into franchise agreements that would bar the utilities from allowing the attachment of wooden or
Second Circuit Says Enough is Enough to Town that Delays Subdivision Application
In 2000, Plaintiff Steven Sherman applied to the Town of Chester Planning Board for subdivision approval while in the process of purchasing nearly 400 acres for $2.7 million dollars. According to the Second Circuit Court of Appeals in its recent decision in Sherman v Town of Chester, 752 F3d 554 [2d Cir 2014], “[t]hat
Zoning Laws Do Not Exist to Insure Economic Interest
By decision dated March 13, 2014, the Appellate Division, Second Department, upheld a trial court decision in Harbor Park Realty, LLC v. Modelewski, affirming certain relief granted by the Town of Huntington Zoning Board of Appeals (“ZBA”) to 1033 Fort Salonga, LLC, et al. (hereinafter “1033”) for a depth extension into a residential
Time Running Out to Apply for Funding From the USDA
There is still time to apply for funding through the United States Department of Agriculture’s Specialty Crop Block Grant Program, but not much.
The Program was designed to provide financial support to farms and farmers who produce specialty crops, i.e., grapes, hops, etc… Approximately $66 million in funding is available nationwide with $1.4 million earmarked
Appellate Court Rules on Common-Law Vested Rights
The Appellate Division, Second Department, recently held that developers who incurred substantial expenses in furtherance of a particular development do not acquire a common-law vested right to proceed under prior zoning laws, where they failed to comply with the conditions of a prior approval before new zoning regulations were adopted. It also held that a
“Misrepresentations” May Justify Reconsideration of Prior Approval
In a decision that underscores the importance of presenting accurate and truthful information when making a land use application, the Appellate Division in Matter of Green 2009, Inc. v. Weiss, Index No. 2012-06784 (February 13, 2014), recently affirmed the Town of Hempstead Board of Appeals (“BOA”) decision to reopen a prior decision which granted
Real Property Pre-Purchase Due Diligence
REAL PROPERTY PRE-PURCHASE DUE DILIGENCE:
IMPACT OF ASTM’S NEW PHASE I ENVIRONMENTAL SITE ASSESSMENT STANDARD
By: Charlotte Biblow
Prospective property buyers and their environmental professionals are treading in uncertain territory when conducting due diligence activities these days. Here’s why:
Background
On November 1, 2005, the US Environmental Protection Agency (“USEPA”) issued its All Appropriate Inquiries
Private Covenant Defeats “McMansion”
Although the law has long favored the free and unencumbered use of property, the Broadway Flushing Homeowners Association, Inc. (“BFHA”) recently obtained a legal victory upholding a 1909 private covenant that continues to preserve the park-like character of its suburban neighborhood in North Flushing. See, Broadway Flushing Homeowners’ Association, Inc. v Eastern NY Enterprises,
The “Taking” of Neptune Beach Club – Will Southampton Town Buy the Nui$ance?
On September 10, 2013, the Town of Southampton adopted a Resolution authorizing the “acquisition” of the ever popular and quite infamous Neptune Beach Club (referred to by partygoers as “Neptunes”) located on Dune Road in Hampton Bays. The source of funding for the acquisition is the Community Preservation Fund (“CPF”) established in 1998 and adopted