The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department.  In Seaview at Amagansett v, Trustees, the Appellate Division reversed much of a trial court’s 2016 decision and seemed to erode the Trustees’ ability to issue beach
Continue Reading Truck Beach – Drawing Lines In The Sands of East Hampton

A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation” within the meaning of the local zoning code.

Matter of McFadden v Town of Westmoreland Zoning Bd. presents a strikingly similar issue to that in
Continue Reading Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situated at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean.

In 2015 a building permit was issued by the Town of East Hampton Building Department approving renovations to the existing restaurant
Continue Reading Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level