Given the complex zoning regulations that govern development of vacant land, in recent years, it has become uniquely challenging to develop smaller tracts of vacant land that do not conform to the current zoning code. Further, the doctrines of merger and single and separate add to the complications. Unless a buyer is absolutely certain that the land for purchase is
Continue Reading Second Department Upholds Board of Zoning Appeals Decision Finding Vacant Land Was Not Single and Separate
Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?
After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments to the implementing regulations of the State Environmental Quality Review Act (SEQRA). The new regulations take effect on January 1, 2019 and will apply to all pending and future actions for which a determination of significance has not been made…
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Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code
On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of “Family” as set forth in the Freeport Village Code.
In Tomasulo v. Village of Freeport, ___A.D.3d___, the Village commenced a criminal proceeding against non-party property owner, William Goodhue, Jr. (owner), alleging that the tenancy between Tomasulo (tenant) and the owner…
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