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
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
Short-Term Rental Law Stumbles, But Survives Federal Court Challenge
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
The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals
In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc. (“Alliance“) commenced two consecutive Article 78 proceedings challenging certain approvals. The Court addressed multiple appeals from both proceedings in Catskill Heritage Alliance,
Court Supports Expansive View of What Constitutes Religious Use
Note: Law clerk Joanna Lima assisted in drafting this blog post.
Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a portion of a church
Court of Appeals Reiterates “Modest” Burden for Regulating Adult Uses in People Theatres of N.Y. Inc. v. City of New York
In People Theatres of N.Y. Inc. v. City of New York, 2017 N.Y. Slip Op. 04385, various owners of adult businesses (“Plaintiffs”) brought separate actions against the City of New York (“City”) based upon First Amendment challenges seeking relief against zoning ordinances that bar adult establishments from operating in, among
Preservation by Law May Become Par for the Course: Brookhaven Town Rezones Golf Courses
The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps towards fulfilling its endeavor. On March 2, 2017, the Brookhaven Town Board unanimously adopted two resolutions rezoning Mill Pond and Rolling Oaks golf courses, respectively, from a residential district to the newly created golf course