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Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use

By Farrell Fritz P.C. on June 29, 2020

Posted in Article 78, Endangered, Environmental, Land Use Regulations, Local Law, New York State Department of Environmental Conservation, nonconforming, Property Rights, State of New York, Threatened or Rare Species, Uncategorized, Zoning Board

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 Rhinebeck (the “Town”). For several…
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Court Supports Expansive View of What Constitutes Religious Use

By Farrell Fritz P.C. on October 10, 2017

Posted in Article 78, Land Use Regulations, Zoning Board

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 parsonage for a “home base”…
Continue Reading Court Supports Expansive View of What Constitutes Religious Use