How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the judicial concepts of finality and ripeness affect the viability of a challenge. For example, a litigant must challenge a lead agency’s determination pursuant to the State
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motion to dismiss
Short-Term Rental Law Stumbles, But Survives Federal Court Challenge
By John C. Stellakis on
Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. Several years ago, the Shelter Island Town Board enacted its STRL to (i) impose licensing and advertising requirements for certain vacation rentals, (ii) prohibit certain vacation…
Continue Reading Short-Term Rental Law Stumbles, But Survives Federal Court Challenge