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 Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds
A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action.
In 2007, Orange County (the “County”) acquired property known as Camp LaGuardia from the New York City Economic Development Corporation. Originally, the County’s plan was to
Continue Reading Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds
Constitutional Challenges to Zoning Subject to Very High Standard
A recent Supreme Court decision, In the Matter of Preserve Our Brooklyn Neighborhoods v. City of New York, demonstrates the difficulty a litigant faces when challenging a zoning determination on constitutional grounds. The petitioners are “an incorporated association of community members” from the Fort Greene area of Brooklyn (the “Petitioners”), who oppose proposed development in their community in the
Continue Reading Constitutional Challenges to Zoning Subject to Very High Standard
Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think
In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the Supreme Court, Kings County, granting respondents’ motion to dismiss the petition and denying the petitioners’ cross-motion to extend the time
Continue Reading Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think
The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views
In The Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U), Index No. 153819 (Sup. Ct. New York Co., March 14, 2019), the Supreme Court, New York County, granted a petition to annul a resolution upholding the issuance of a building permit (“Permit”) for the construction
Continue Reading The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views
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
FAA Extends The North Shore Helicopter Route For Four More Years
In our July 18th post, we discussed the North Shore Helicopter Route and its fast-approaching expiration date. In that post, we noted that the Federal Aviation Administration (the “FAA”) had not yet decided what to do about the route and told you we would keep you apprised of future developments. Here’s that update. In the Monday, July 25
Continue Reading FAA Extends The North Shore Helicopter Route For Four More Years
The North Shore Helicopter Route – Sure Beats The Long Island Expressway
Picture it – another hot and humid summer afternoon on Long Island. There you are, you master of the universe, sipping a margarita or perhaps a frozen daiquiri, or both, as you lounge on the patio of your beachfront home enjoying another weekend in the Hamptons. Not a care in the world. And then you hear that the Federal Aviation
Continue Reading The North Shore Helicopter Route – Sure Beats The Long Island Expressway