In Incorporated Village of Lindenhurst v. One World Recycling, LLC, et al., the Second Department reversed the lower court’s denial of permanent injunctive relief, in large part based on the existence of prior agreements between the parties.  The appellant, Incorporated Village of Lindenhurst (the “Village”), sought to prohibit One World Recycling, LLC (“One World”) from exceeding waste processing limits
Continue Reading Prior Agreement Limiting Waste Processing Trumps DEC Renewal Permit

In a recent decision, Matter of Red Wing Properties, Inc. v. Town of Rhinebeck, et al., the Second Department held that a landowner’s intent to continue using its property for mining operations established a valid pre-existing nonconforming use.

Red Wing Properties, Inc. (“Petitioner”) owns roughly 241 acres of property located with the Town of Rhinebeck (the “Town”).  For several
Continue Reading Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the “Historic District”) Transition Zone, in the Town of Brookhaven (the “Town”).  Petitioners applied for an area variance to permit them to
Continue Reading Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application

pinwheel-wind-power-enerie-environmental-technology

Last Wednesday, LIPA unanimously approved Deepwater Wind’s proposal to build the nation’s largest offshore wind farm approximately 30-35 miles off the coast of Montauk, New York.  Construction will include fifteen turbines with a 90 megawatt capacity able to power 50,000 homes.  The turbines will be built out of sight to address vehement public comments against blighted ocean vistas.

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Continue Reading Steel Over the Ocean: LIPA Approves Offshore Wind Farm Southeast of Montauk