In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets...more
8/19/2024
/ Agribusiness ,
Agricultural Land ,
Agricultural Sector ,
Farm Animals ,
Farms ,
Food Supply ,
Legislative Agendas ,
Regulatory Oversight ,
Retail Sales ,
Retailers ,
State and Local Government
This month, in Gershow Recycling of Riverhead v Town of Riverhead, 2021 NY Slip Op 02156 [2d Dept 2021], the Appellate Division, Second Department, affirmed the motion court’s decision granting an Article 78 petition to annul...more
Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin...more
With prospects of featuring its history and architecture on screen, the Village of Amityville (“Amityville“) has been considering adopting a local law to regulate filming and photography for movies, television and...more
Tonight, the Incorporated Village of Farmingdale (“Farmingdale“) will consider amending its zoning code to expand permitted uses in its Downtown Mixed-Use Zoning District (“Downtown“). The proposed amendments will allow,...more
How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the...more
When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test...more
Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge...more
In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...more
1/13/2020
/ Building Codes ,
Building Permits ,
Court Appearances ,
Delinquency Status ,
Enforcement Actions ,
Enforcement Authority ,
Injunctive Relief ,
Land Owners ,
Local Ordinance ,
Municipalities ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more
9/16/2019
/ AirBnB ,
Dismissals ,
Due Process ,
Equal Protection ,
Fair Housing Act (FHA) ,
First Amendment ,
Fourteenth Amendment ,
Fourth Amendment ,
Local Ordinance ,
Municipalities ,
NYHRL ,
Regulatory Oversight ,
Rental Property ,
Sharing Economy ,
Short-Term Lease ,
State and Local Government ,
State Constitutions ,
Statutory Violations ,
Vacation Rentals ,
VRBO.com
While the Town of Halfmoon (“Town”) in Saratoga County, New York, may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more
7/15/2019
/ Breweries ,
Building Permits ,
Environmental Review ,
Golf Courses ,
Judicial Review ,
Laches ,
Preliminary Injunctions ,
SEQRA ,
Site Plans ,
State and Local Government ,
Zoning Laws
In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more
5/28/2019
/ Appeals ,
Construction Project ,
CPLR ,
Cross Motions ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Mitigated Negative Declaration ,
Mixed-Use Zoning ,
Motion to Dismiss ,
Nunc Pro Tunc ,
Real Estate Development ,
Service of Process ,
State and Local Government ,
Zoning Laws
In Peyton v. New York City Bd. of Standards and Appeals, (2018 N.Y. 06870, 166 A.D.3d 120 (1st Dept 2018), Petitioners-community residents (“Petitioners”) commenced a proceeding to challenge the City of New York (“City”)...more
Local zoning ordinances throughout New York State incorporate the flexible “accessory use” component so as not to unnecessarily restrict one’s use of property. Accessory uses are incidental and customary to the principal use...more
In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more
10/9/2018
/ Appeals ,
Article III ,
Conversion ,
Equal Protection ,
Hotels ,
Injury-in-Fact ,
Moratorium ,
Motion to Dismiss ,
Municipalities ,
Property Valuation ,
Real Estate Development ,
Residential Real Estate Market ,
SEQRA ,
Standing ,
State and Local Government
In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots preservation organization Catskill Heritage Alliance, Inc....more
Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more
Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...more
On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill Golf and Country Club from a one-acre residential lot zone to the Golf Course District. Manorville’s Rock Hill is the first...more