Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground storm water drain and one tide gate accessory thereto for drainage purposes.” The Village constructed a drain pipe which was encased in a wooden
Continue Reading Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement
Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use
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
Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip
Fairway Manor, a senior rental housing complex for ages 55 and older, located on the border of Blue Point and Bayport, was created in 1991 when the Town Board of the Town of Islip approved a change of zone application on a 70 acre parcel (with 45.6 acres located in the Town of Islip and the remainder located in the
Continue Reading Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip
Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action
A recent case from the Appellate Division, Second Department, addresses one of our favorite topics, standing. It is a cautionary tale about how not to establish standing.
Tilcon New York, Inc. v Town of New Windsor involved a hybrid proceeding in which the plaintiff/petitioner asserted nine separate causes of action. The appellate court determined that plaintiff/petitioner lacked standing on each
Continue Reading Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action
Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions
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 (“Local Law”), which placed
Continue Reading Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions
Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation
In the Village of Bayville, New York (“Village”), a landowner wished to enclose and protect private property (“Lot 18”) , including the roadway thereon, against trespassers and traffic. The landowner sought to erect crash gates on both sides of its property and across the roadway to prevent public access. The road upon Lot 18 forms a
Continue Reading Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation