The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward. The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347 (“Route 347”) in the Town of Smithtown. The Property is improved with a commercial building and is subject to a long-term ground lease with Taco
Continue Reading Property Owner’s Request for Court-Determined Just Compensation Backfires
Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development
The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.[1] The proposal follows on the heels of an April 2019 report commissioned by the Suffolk County Industrial Development Agency (“SCIDA”) which called for the park to position itself to become a regional
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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
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Smithtown Mulls New Zoning Regulations for Hauppauge Industrial Park
As recently reported by John Callegari of Long Island Business News, the Town of Smithtown is considering the adoption of an overlay zoning district for the Hauppauge Industrial Park, which is home to some 1,300 companies. The new zoning regulations would relax some of the existing Light Industrial zoning regulations that currently apply to buildings located in the industrial
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Long Island Towns and Villages Move to Regulate Bamboo
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,
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