In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert, Inc., d/b/a Ira Wickes, Arborist (“Wickes”), sought a special use permit and site plan approval to conduct arborist and landscaping services and to operate a nursery on its property located within the Village of Wesley Hills (the “Village”), in
Continue Reading Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval
First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution
Last year, the New York County Supreme Court heard an Article 78 challenge by Preserve Our Brooklyn Neighborhoods (“POBN”), a civic organization dedicated to maintaining the unique character and historical significance of the Fort Greene area of Brooklyn, New York. This lawsuit, which I discussed in a previous post, turned on whether a resolution passed by the New
Continue Reading First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution
Second Department Affirms Article 78 Reversal of Village Zoning Board Determination
Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots. The first lot would contain the existing dwelling and other existing improvements. The vacant second lot would be improved with a single-family dwelling. However, the Village advised Petitioner that he would need to
Continue Reading Second Department Affirms Article 78 Reversal of Village Zoning Board Determination
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
Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application
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
Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division
A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial evidence”.
The petitioners in Reddock own a 2.07-acre parcel of property in the Town of Smithtown adjacent to the Nissequogue River (the “Property”) and within the Nissequogue
Continue Reading Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division
Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town
A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation” within the meaning of the local zoning code.
Matter of McFadden v Town of Westmoreland Zoning Bd. presents a strikingly similar issue to that in
Continue Reading Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town
Doctrine of Laches Bars Neighbor’s Challenge to Development
A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code.
The dispute in Kverel v. Silverman arose when the defendant contracted to purchase an undeveloped parcel of land (the “Premises”) in the Town of Southampton (the “Town”)
Continue Reading Doctrine of Laches Bars Neighbor’s Challenge to Development
Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld
In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the denial of an Article 78 proceeding seeking to vacate and annul a determination of the Board of Trustees of the Village of Sagaponack (the “Board”). In its determination, the Board denied the site plan application submitted by Sagaponack Ventures,
Continue Reading Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld
Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use Laws
Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development (“the Departments”) have issued numerous guidance documents and policy statements to help the public and state and local governments fully understand the FHA. In November 2016, the Departments issued a new guidance document (“guidance document”) addressing FHA compliance
Continue Reading Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use Laws