hybrid action

Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

By Farrell Fritz P.C. on June 29, 2020

Posted in Article 78, Endangered, Environmental, Land Use Regulations, Local Law, New York State Department of Environmental Conservation, nonconforming, Property Rights, State of New York, Threatened or Rare Species, Uncategorized, Zoning Board

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…

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

By Farrell Fritz P.C. on October 9, 2018

Posted in Article 78, injury-in-fact, Land Use Regulations, Moratorium, Standing, Uncategorized

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”) challenging the City’s adoption of Local Law No. 50 of 2015 (“…