Topics

Property tax exemptions

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

5G

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

Accessory Dwelling Units

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

Adjoining Municipalities

Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities

Adult Recreational Use

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Adverse Possession

Appellate Court Upholds Adverse Possession Claim of Lake Bottom

Affordable Housing

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis 10 More Years – New York’s Brownfield Cleanup Program Extended

Agriculture

Long Island Farmland Protection and the COVID-19 pandemic Pine Barrens Credits-A Matter of Interpretation

Airbnb

Goodbye to Airbnb in NYC?Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

Alienation of Parkland

Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

Amazon

Oyster Bay's Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

Apprenticeship Program

Oyster Bay’s Code Provision Linking Building Permits To Qualified Apprenticeship Programs Enjoined

Area Variance

How Small is Too Small of a Lot? Limits on Area Variances for Subdivisions Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal

Article 78

Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval Living Fences in Dering Harbor

Battery Energy Storage Systems

Fires at New York Battery Energy Storage System Facilities Ignite State Response Riverhead Gives the Green Light to New BESS Zoning Regulations

BESS

Fires at New York Battery Energy Storage System Facilities Ignite State Response Riverhead Gives the Green Light to New BESS Zoning Regulations

Bill

Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities

Board of Standards and Appeals

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

Brownfield Cleanup Program

10 More Years – New York’s Brownfield Cleanup Program Extended

Brownfield Redevelopment

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard 10 More Years – New York’s Brownfield Cleanup Program Extended

Bruce Blakeman

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

Building Permits

New York State Legislature Considering Bill That Would Allow Licensed Architects or Engineers to Issue Building Permits Second Department Affirms Denial of Religious Organization's Application for Conditional Use Permit

Bureau of Administrative Adjudication

Oyster Bay to provide for administrative adjudication of zoning and other code violations

Business Judgment Rule

Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks

C-Store

Modern Convenience Stores Restricted by "Inconvenient" Zoning Rules

Cannabis

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Central Islip Revitalization Initiative

Revitalizing Long Island’s Downtown Communities - Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant

Central Pine Barrens

Pine Barrens Credits-A Matter of Interpretation Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Central Pine Barrens Comprehensive Land Use Plan

Pine Barrens Credits-A Matter of Interpretation Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Chickens

Long Island’s Backyard Chicken Movement Tries Not to Run A-Fowl of Local Zoning Regulations

City of Rye

City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Cleanup

ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

Climate Leadership and Community Protection Act

Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments

Code Violations

Oyster Bay to provide for administrative adjudication of zoning and other code violations

Commercial Redevelopment District

ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

commercial revitalization

Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

Community Solar Project

Lightning Round – New York’s Office of Renewable Energy Siting Promulgates Streamlined Siting Regulations for Large-Scale Renewable Energy Projects Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

Compatible Growth Area

Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Comprehensive Plans

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan Living Fences in Dering Harbor

Construction & Demolition waste

“Operation Pay Dirt” - Suffolk County Goes After Illegal Dumping

contract zoning

Municipal Development Agreement: Found To Be Illegal Contract Zoning

Convenience Store

Modern Convenience Stores Restricted by "Inconvenient" Zoning Rules

Core Preservation Area

Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Coronavirus

Is It Time? The Importance of Updating Town and Village Comprehensive Plans The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

County Borders

Border Wars – Queens versus Nassau

County Referral

State and County Laws Require Oversight of Certain Local Land Use Decisions

Covid-19

Is It Time? The Importance of Updating Town and Village Comprehensive Plans

Crown Castle

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Cushman & Wakefield

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

Declaratory Judgment

Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement

Development of Regional Significance

Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Dirt Brokers

“Operation Pay Dirt” - Suffolk County Goes After Illegal Dumping

Discriminatory Laws

First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution Constitutional Challenges to Zoning Subject to Very High Standard

Disorderly Conduct

Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings

Distributed Antennae System

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

District Court

Oyster Bay to provide for administrative adjudication of zoning and other code violations

Docks

Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks

Dog Bite Cases

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

Doggy Day Care

Dog Training Business is Not a "Customary Home Occupation" According to Upstate NY Town East Hampton Zoning Board Rules that Doggy Day Care is a Legal Home Occupation

Drainage Easements

Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement

Drive-Through

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

Drive-Thru

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

Easements

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts Town Of East Hampton Runs Aground At Truck Beach

East Hampton Zoning Board of Appeals

Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702

economic development

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts Critical End-of-Year Veto for Legislation Impacting Industrial Development Agencies

Emergency Response

Snow Way They're Paying for That: Limitations on Government Liability for Snow Plow Accidents

Eminent Domain

Property Owner's Request for Court-Determined Just Compensation Backfires Town's Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

Endangered

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

Environmental

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts Navigating the Waters: A Long Island Community’s Response to the EPA’s PFAS Directive

Environmental Rights Amendment

Boon or Bane? New York's Environmental Rights Amendment

Exempt Bags

New Yorkers Say Goodbye to Plastic Bags

Expedited Entitlement Process

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

Fast-Track Remedy

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

FCC

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

Federal Communications Commission

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

Findings Statement

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

First Amendment

Federal Court Reviewing Town of Oyster Bay's Rules of Decorum for Public Meetings

Fleet Vehicles

Oyster Bay's Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

Floating Zone

Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

freedom of speech

Federal Court Reviewing Town of Oyster Bay's Rules of Decorum for Public Meetings

Freshwater Wetlands

DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations

gas station

Court Upholds Zoning Board's Denial of Gas Station's Area Variance Application Modern Convenience Stores Restricted by "Inconvenient" Zoning Rules

General Municipal Law

Oyster Bay to provide for administrative adjudication of zoning and other code violations State and County Laws Require Oversight of Certain Local Land Use Decisions

General Municipal Law 239-m

State and County Laws Require Oversight of Certain Local Land Use Decisions

General Municipal Law Article 14-BB

Oyster Bay to provide for administrative adjudication of zoning and other code violations

Government Liability

Snow Way They're Paying for That: Limitations on Government Liability for Snow Plow Accidents

Governor Kathy Hochul

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

Greater Bellport Land Use Plan

New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport

Greater Bellport Overlay District

New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport

Green Amendment

Boon or Bane? New York's Environmental Rights Amendment

Hard Look

First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

Hicksville's Downtown Revitalization Initiative

Hicksville’s $10 Million Downtown Revitalization Initiative Award - Get Ready For Some Big Changes

Historic Patents and Land Grants

Andros Patent Studied in Dispute Over Oyster Bay Boundary: This Clam Is Your Clam, This Clam Is My Clam

Home Occupation

Dog Training Business is Not a "Customary Home Occupation" According to Upstate NY Town East Hampton Zoning Board Rules that Doggy Day Care is a Legal Home Occupation

Home Owner's Association

Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks

Huntington Town Board

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center Town of Huntington Tightens Reins on Mixed-Use Buildings Amid Mixed Opinions

Hybrid Work Schedules

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

Illegal Dumping

ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses “Operation Pay Dirt” - Suffolk County Goes After Illegal Dumping

Implied Dedication to Parkland

Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

In-N-Out Burger

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

injury-in-fact

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action

interpretation

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

Inwood

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

Jack in the Box

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

Land Use Regulations

NYSDEC Mining Law Appears Further Undermined by the Court of Appeals Living Fences in Dering Harbor

Landmark Preservation

Constitutional Challenges to Zoning Subject to Very High Standard Potential Conflicts and Interplay between the Village of Southampton Board of Architectural and Historic Preservation and the Village of Southampton Zoning Code

Landmarks

Constitutional Challenges to Zoning Subject to Very High Standard Potential Conflicts and Interplay between the Village of Southampton Board of Architectural and Historic Preservation and the Village of Southampton Zoning Code

Last-Mile Distribution

Oyster Bay's Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

Last-Mile Fulfillment

Oyster Bay's Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

Lawrence

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

Legislation

Navigating the Waters: A Long Island Community’s Response to the EPA’s PFAS Directive DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations

Local Law

Goodbye to Airbnb in NYC?Slings and Arrows At The Court Of Appeals

Long Island Builders Institute

Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

Long Island Pine Barrens Maritime Reserve Act

Pine Barrens Credits-A Matter of Interpretation Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Long Island Sound Crossing

A Long Island Sound Crossing – Will This Bridge or Tunnel Ever Be Built?

Marijuana

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Marina

Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks Appellate Court Upholds Adverse Possession Claim of Lake Bottom

McDonald's

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

Medical Marijuana

Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

Melville Employment Center

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

Melville Employment Center Plan

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

Metropolitan Transportation Authority

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

mining

NYSDEC Mining Law Appears Further Undermined by the Court of Appeals Sand Mining Hits Rock Bottom: LI's Local Laws May Prohibit Future Operations

Mixed Use Buildings

Apartments Over Stores Are No More - In Oyster Bay Town of Huntington Tightens Reins on Mixed-Use Buildings Amid Mixed Opinions

Monroe Doctrine

Under Monroe Doctrine, Government Immunity from Local Zoning May Extend to Private Projects

mootness

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

Moratorium

Is a Freeze in the Forecast for Riverhead's Industrial Development?Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

Multi-Family Housing

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

Municipal Tort Liability

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

National Grid

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Natural Gas

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Necessary Parties

"Know thy enemy": The Importance of Identifying Proper Defendants in Land Use Litigation

Negative Declaration

Second Department Affirms Article 78 Reversal of Village Zoning Board Determination The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course

NESE

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

New York Housing Compact

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

New York State Department of Environmental Conservation

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations

New York State's Downtown Revitalization Initiative

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development Revitalizing Long Island’s Downtown Communities - Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant

noise ordinance

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

nonconforming

Single and Separate and the Doctrine of Merger Sand Mining Hits Rock Bottom: LI's Local Laws May Prohibit Future Operations

North Lawrence

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

North Shore Country Club

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

Northeast Supply Enhancement Project

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

NYC Department of Buildings

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

NYS Penal Law

Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings Federal Court Reviewing Town of Oyster Bay's Rules of Decorum for Public Meetings

NYS Zoning Resolution

Zoning - Reasonable Accommodations Under the Fair Housing Act Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

Off-Street Parking

Oyster Bay's Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

On-Site Consumption

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Open Meeting Law

How Executive Order 202.8's 30-Day "Tolling" Affects Statutes of Limitations in the Article 78 Context Coronavirus & The Open Meetings Law: How To Hold Public Meetings During The COVID-19 Pandemic

Open Meetings Law

Standing And The Open Meetings Law

or Rare Species

Town's Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

Overlay Districts

New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport

Overlay Sub-Districts

New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport

Oyster Bay Town Board

Federal Court Reviewing Town of Oyster Bay's Rules of Decorum for Public Meetings

Pet Sitting Service

Dog Training Business is Not a "Customary Home Occupation" According to Upstate NY Town East Hampton Zoning Board Rules that Doggy Day Care is a Legal Home Occupation

Pig Stand No. 21

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

Pine Barrens

Pine Barrens Credits-A Matter of Interpretation Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Planning Board

Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

Plastic Bag Ban

New Yorkers Say Goodbye to Plastic Bags

Port Jefferson Station/Terryville Chamber of Commerce

Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

Positive Declaration

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Possession of Cannabis

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Preemption

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance Slings and Arrows At The Court Of Appeals

Preliminary Injunction

Living Fences in Dering Harbor Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

Property Rights

Nearly-Century Old Restrictive Covenant Prevents Homeowner From Erecting Fence Along Property Line Truck Beach - Drawing Lines In The Sands of East Hampton

Public Meetings

Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings

Public Officers Law

New York State Adopts New Law Governing Public Meetings by Videoconference

Public Right-of-Way

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

Public Trust Doctrine

Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

Real Estate Trends

Disclosure Revolution: Legislation Makes Property Condition Disclosure Statements Mandatory, Adding Flood Risks, and Waving Farewell to the $500 Credit It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Reasonable and Necessary Consultant Fees

Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area Variance Applications

Recreational Marijuana

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

Regulatory Takings

Short-Term Rental Law Survives Regulatory Taking Claim

Remediation

10 More Years – New York’s Brownfield Cleanup Program Extended Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

Renewable Energy

Fires at New York Battery Energy Storage System Facilities Ignite State Response Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments

Rental Permits

Southampton Town Targets Short Term Rentals For Enforcement Due To Covid-19 Outbreak Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Request for Proposals

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

Request for Qualifications

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

Restrictive Covenant

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining Property Owner

Retail Sales

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Reusable Bags

New Yorkers Say Goodbye to Plastic Bags

revitalization

Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

Rezoning

First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

Riparian Rights

Village's Vitiation of Riparian Rights Survives Initial Challenge

Ripeness

How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Rules of Decorum

Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings Federal Court Reviewing Town of Oyster Bay's Rules of Decorum for Public Meetings

Sale of Public Lands

Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine

sand mining

Long Island Sand Mining Further Undermined By State Legislature Bill

Saranac Lake

Appellate Court Upholds Adverse Possession Claim of Lake Bottom

School Districts

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

Section A14-14 Suffolk County Administrative Code

State and County Laws Require Oversight of Certain Local Land Use Decisions

SEQR Handbook

NYSDEC Proposes Revisions to the SEQR Handbook to Conform with Recent Amendments to the SEQR Regulations

SEQRA

Exact Compliance with SEQRA Architectural Conditions Are Enforceable Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

Shinnecock Indian Nation

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Short-Term Rentals

Goodbye to Airbnb in NYC?Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

Signs

Shinnecock Nation's Second Sign Sees Renewed State Resistance Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

Small Cell Network

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Small Cell Order

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

Solid Waste

“Operation Pay Dirt” - Suffolk County Goes After Illegal Dumping

Special Relationship

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

Spoliation

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Standing

No Standing to Protect the Pine Barrens Prior Agreement Limiting Waste Processing Trumps DEC Renewal Permit

State Environmental Quality Review Act

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution

State of New York

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts Navigating the Waters: A Long Island Community’s Response to the EPA’s PFAS Directive

Statute of Limitations

"Know thy enemy": The Importance of Identifying Proper Defendants in Land Use Litigation How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

Suffolk County

New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st Court Upholds Zoning Board's Denial of Gas Station's Area Variance Application

Suffolk County Administrative Code Art. XIV

Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities

Suffolk County Department of Health Services

New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st

Suffolk County Planning Commission

Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities

Suffolk County Sanitary Code

New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

Supervisor Ed Smyth

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

Supervisor Judi Bosworth

Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

Sustainability

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments

Tax Credits

10 More Years – New York’s Brownfield Cleanup Program Extended

Telecommunications

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Telecommunications Act of 1996

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Threatened or Rare Species

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

Town Comprehensive Plans

Is It Time? The Importance of Updating Town and Village Comprehensive Plans

Town Law

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

Town of Babylon

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

Town of Bethlehem

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

Town of Brookhaven

Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage of Construction Equipment

Town of East Hampton

Truck Beach - Drawing Lines In The Sands of East Hampton Dog Training Business is Not a "Customary Home Occupation" According to Upstate NY Town

Town of Hamburg

Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

Town of Hempstead

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

Town of Hempstead Board of Appeals

Defective SEQRA Determination Derails South Nassau Cultural Center

Town of Huntington

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

Town of Islip

Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip Revitalizing Long Island’s Downtown Communities - Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant

Town of North Hempstead

Second Department Scraps North Hempstead Board of Zoning Appeals' Denial for Lack of Evidence Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District

Town of Oyster Bay

Navigating the Waters: A Long Island Community’s Response to the EPA’s PFAS Directive Oyster Bay to provide for administrative adjudication of zoning and other code violations

Town of Riverhead

Riverhead Gives the Green Light to New BESS Zoning Regulations Is a Freeze in the Forecast for Riverhead's Industrial Development?

Town of Seneca Falls

Town's Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

Town of Shelter Island

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge East End Town Considering Novel Approach to Speed Up Groundwater Protection Efforts

Town of Smithtown

Property Owner's Request for Court-Determined Just Compensation Backfires Modern Convenience Stores Restricted by "Inconvenient" Zoning Rules

Town of Southampton

Sand Mining Hits Rock Bottom: LI's Local Laws May Prohibit Future Operations Utilizing CPLR 3102(c) Pre-Action Discovery in Article 78 Proceedings - Can't Go Fishin'

Town of Southold

Southampton Town Targets Short Term Rentals For Enforcement Due To Covid-19 Outbreak Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

Townn of Oyster Bay

Andros Patent Studied in Dispute Over Oyster Bay Boundary: This Clam Is Your Clam, This Clam Is My Clam

Transco Pipeline

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Transit-Oriented Development

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

Uncategorized

The Road to Compliance: How Town Law 280-a Affects Property Development From Vacancy to Vibrancy: Empire State Development's Vision for Long Island Housing

Underwater Land

Andros Patent Studied in Dispute Over Oyster Bay Boundary: This Clam Is Your Clam, This Clam Is My Clam

Upper West Side

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

Vacancy Rates

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

Vehicle and Traffic Law 1103

Snow Way They're Paying for That: Limitations on Government Liability for Snow Plow Accidents

Videoconferencing

New York State Adopts New Law Governing Public Meetings by Videoconference

Village Architectural and Historic Board

Potential Conflicts and Interplay between the Village of Southampton Board of Architectural and Historic Preservation and the Village of Southampton Zoning Code

Village Comprehensive Plans

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan Living Fences in Dering Harbor

Village Law

Living Fences in Dering Harbor Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)

Village Law 7-712-b

Applicant's Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Village Law 7-725-a

Applicant's Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Village of Atlantic Beach

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Village of Freeport

Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Village of Island Park

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Village of Lynbrook

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Village of Pomona

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Village of Rockville Centre

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

Village of Sea Cliff

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

Village of Southampton

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

Village of Westbury

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

Village Special Prosecutor

Parking Ticket Fix Earns Counsel Two Years' Suspension

Virtual Meetings

New Law Authorizes Virtual Option for Public Meetings

Vision Long Island

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Walls And Fences

Nearly-Century Old Restrictive Covenant Prevents Homeowner From Erecting Fence Along Property Line Walls and Fences Are Not The Same

Warehouse

Oyster Bay's Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

Wastewater

Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water New Standards for Nitrogen-Reducing Septic Systems in Suffolk County Starting July 1st

Water Quality

Navigating the Waters: A Long Island Community’s Response to the EPA’s PFAS Directive Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

Water Rights

Andros Patent Studied in Dispute Over Oyster Bay Boundary: This Clam Is Your Clam, This Clam Is My Clam Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

Water-Quality Permit

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Wendy's

The Coronavirus Lesson: Drive-Thrus are an "Essential Service" of Fast-Food Restaurants

Westchester County Board of Legislators

City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision

Wetland Regulation

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations

wildlife

Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts U.S. Fish and Wildlife Service Lights the Bat Signal, Designating the Northern Long-Eared Bat as Endangered

Wind Power

Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments Lightning Round – New York’s Office of Renewable Energy Siting Promulgates Streamlined Siting Regulations for Large-Scale Renewable Energy Projects

Wireless

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

Zone Changes

Zoning - Reasonable Accommodations Under the Fair Housing Act Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702

Zoning Board

Zoning - Reasonable Accommodations Under the Fair Housing Act No Standing to Protect the Pine Barrens

Zoning Code

Zoning - Reasonable Accommodations Under the Fair Housing Act Single and Separate Exemptions For Substandard Lots

Zoning Immunity

Under Monroe Doctrine, Government Immunity from Local Zoning May Extend to Private Projects Single and Separate Exemptions For Substandard Lots

Zoning Lot

Single and Separate Exemptions For Substandard Lots How Small is Too Small of a Lot? Limits on Area Variances for Subdivisions

Zoning Violations

Oyster Bay to provide for administrative adjudication of zoning and other code violations

Zoom

New Law Authorizes Virtual Option for Public Meetings