In an effort to enforce social distancing and slow the spread of the coronavirus, many cities and states across the nation have adopted emergency orders mandating that restaurants, including fast-food chains, shut down their dine-in facilities.  Not surprisingly, these new mandates resulted in a precipitous loss of business and have caused many restaurants to adjust their operations to provide take-out
Continue Reading The Coronavirus Lesson: Drive-Thrus are an “Essential Service” of Fast-Food Restaurants

Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge municipal determinations. This impact is significant given the short statutes of limitations periods typical to land use litigation. Governor Andrew Cuomo’s Executive Order 202.8 (“Executive Order“) “temporarily suspends or
Continue Reading How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

NOTE:  This blog post was updated on March 27, 2020 to reflect the new guidance that was issued by New York State Governor Cuomo’s office today relative to construction.

Despite the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless of how far along they
Continue Reading The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects