Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with...more
Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more
Last week, in The Seaview at Amagansett, Ltd. v. Town of East Hampton Justice Paul J. Baisely, Jr. found the Town of East Hampton and several of its officials in civil and criminal contempt of the Appellate Division, Second...more
7/11/2022
/ Beachfront Properties ,
Civil Contempt Orders ,
Criminal Contempt ,
Criminal Penalties ,
Fee Simple ,
Fishing Industry ,
Homeowners Association (HOA) ,
Municipalities ,
New York ,
Property Owners ,
Protests ,
Public Access Laws ,
Regulatory Authority ,
Trespass
Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.” That is not entirely true. An exception to the single and separate...more
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....more
In the Matter of Giora Neeman v Town of Warwick, __AD3d__, 2020 NY Slip Op 03112, the Second Department recently declared that a development agreement entered into between the respondent/defendant Black Bear Family...more
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