Town of Hempstead

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The backyard chicken movement that has been rapidly gaining momentum across the United States has firmly taken hold on Long Island.  The desire for homeowners to raise chickens takes various forms and can be rewarding on many levels.  For those who desire a diet of food that is GMO-free or are disturbed by media reports of inhumane conditions at commercial…
Continue Reading Long Island’s Backyard Chicken Movement Tries Not to Run A-Fowl of Local Zoning Regulations

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination that granted special zoning exceptions and variances to a Greek Orthodox Church located in Merrick, New York. The church wanted to construct a two-story cultural center and related parking next to the church. It applied to the Town…
Continue Reading Defective SEQRA Determination Derails South Nassau Cultural Center

Oklahoma-City-Vacant-House-BuyerThe Towns of Babylon and Hempstead have recently enacted legislation designed to combat the blight associated with “zombie” homes and other vacant and abandoned properties. Both laws create a registry and require the payment of fees to offset the costs associated with monitoring and inspecting properties that are required to register.

Town of Babylon

The Town of Babylon’s law, known…

Continue Reading Nassau and Suffolk Towns Enact Tougher Laws to Combat Vacant and Abandoned Properties

DADPIC1On June 23, 2016, Governor Andrew Cuomo signed the Abandoned Property Neighborhood Relief Act of 2016, a bill to combat the blight that vacant, neglected and abandoned properties – referred to as “zombie properties” – have on New York communities.  See, pg. 27, Part Q.   The sweeping legislation includes several measures designed to reduce the number of foreclosures, assist …

Continue Reading New State and Local Laws Combat the Blight of “Zombie Properties”

On February 14th, the Court of Appeals decided Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, – – N.E.2d – -, 2013 WL 530640 (N.Y.), 2013 N.Y. Slip Op. 00949 (Feb. 14, 2013).  At issue was a provision of the Town of Hempstead Building Zone Ordinance (“BZO”) which prohibited check cashing establishments in districts other than…

Continue Reading UPDATE: Court of Appeals Invalidates Local Zoning Law Prohibiting Check Cashing Businesses

In a recent decision, Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, 91 A.D.3d 126, 933 N.Y.S.2d 388 (2d Dept. 2011), the Appellate Division, Second Department, invalidated Section 302(K) of the Town of Hempstead Building Zone Ordinance (“BZO”) based on the doctrine of conflict preemption.

Section 302(K) of the BZO was adopted by the Town of…
Continue Reading A Victory for Check Cashing Businesses in the Town of Hempstead

There is a movement afoot among Long Island municipalities to regulate or, in some cases, ban the planting, growing or cultivation of bamboo within their communities.  To some, bamboo is an exotic evergreen plant that creates an attractive and effective privacy screen.  To others, however, it is an aggressive, invasive plant that causes ecological harm and significant damage to property,…
Continue Reading Long Island Towns and Villages Move to Regulate Bamboo