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
Disclaimer
This blog site is published by and reflects the personal views of each of the authors: John C. Armentano, Laura K. Fallick, Anthony S. Guardino, Damian Racanelli, Kylie R. Springs, John C. Stellakis, Michael L. Webb, in their individual capacities. It does not necessarily represent the views of the law firm or its clients, and
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
Brookhaven Town’s Change of Zone Voting Requirement – Big News or Old News?
On May 21, 2013, the Town of Brookhaven adopted Local Law No. 26, which amends Brookhaven Town Code § 85-38 by imposing a supermajority vote of Brookhaven Town Board members in those instances where a written petition, commonly known as a “Protest Petition” is filed by town property owners opposing a change of zone application.