BANG! Yaphank, New York. In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more
1/6/2020
/ Business Licenses ,
Constitutional Challenges ,
Exemptions ,
Firearms ,
Grandfathered Status ,
Municipalities ,
Noise Complaints ,
Noise Control Ordinances ,
Nonconforming Use ,
Property Owners ,
Public Interest ,
Public Nuisance ,
Real Estate Development ,
Regulatory Standards ,
Regulatory Takings ,
Urban Planning & Development
Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York. Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more
10/21/2019
/ Abandoned Property ,
Abandonment ,
Commercial Property Owners ,
Grandfathered Status ,
Local Ordinance ,
Manufacturing Facilities ,
Municipalities ,
Nonconforming Use ,
Property Owners ,
Real Estate Market ,
State and Local Government ,
Zoning Laws
The Long Island Central Pine Barrens Protection Act (“Act”), enacted in 1993, created the Central Pine Barrens Joint Planning & Policy Commission (“Commission”) which implements the Comprehensive Land Use Plan (“Plan”). ...more
Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more
4/23/2019
/ Appeals ,
Building Codes ,
Certificates of Occupancy ,
Criminal Liability ,
Enforcement Actions ,
Local Ordinance ,
Motions to Stay Proceedings ,
Real Estate Development ,
Site Plans ,
State and Local Government ,
Zoning Laws
In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North...more
The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by...more
Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondachk Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]....more
Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often...more
A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to the State Comptroller and State Park Commissioner requesting an opinion as to whether Town Trustee property, known...more
Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court Justice Whelan’s decision, which invalidated two local laws of the Suffolk...more
In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet to 150 feet...more
New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. ...more
Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and...more
Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an action, the board is considered to have acted. What if a ZBA is unable to take any kind of majority action...more
Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014]....more
Asharoken, N.Y. January 10, 2017–Swayed by public opinion and perceived elitism, the Incorporated Village of Asharoken (“Asharoken”) opted out of a federal beach nourishment plan implemented by the Army Corp of Engineers...more
In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by...more