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Foley & Lardner LLP

Texas Enacts Critical Real Estate Reforms—Senate Bills 15, 17, 840

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Share on Twitter Print Share by Email Share Back to top Prior to his June 22, 2025, deadline, Texas Governor Greg Abbott signed into law hundreds of bills passed by the Texas Legislature. Three of these, Senate Bills 15, 17,...more

Polsinelli

Texas Multifamily Revolution: Governor Abbott Considers Texas Senate Bill That Could Transform Zoning for Mixed-Use Residential /...

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Introduction to Texas Senate Bill SB 840 - To combat the housing shortage in Texas, the Texas Senate introduced Bill C.S.S.B. 840 (SB 840 or the bill) in April 2025. The purpose of the bill is to streamline the conversion...more

Perkins Coie

2021 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development law cases decided in 2021. 1. Planning and Zoning - CHEVRON v. COUNTY OF MONTEREY 70 Cal. App. 5th 153 (2021) - A county ordinance...more

Farrell Fritz, P.C.

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

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The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle.  The...more

Farrell Fritz, P.C.

Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

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When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

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This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

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The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

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A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Farrell Fritz, P.C.

Nonconforming Uses – Don’t Abandon Them

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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

Farrell Fritz, P.C.

Dog Training Business is Not a “Customary Home Occupation” According to Upstate NY Town

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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”...more

Farrell Fritz, P.C.

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

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A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Farrell Fritz, P.C.

Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

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Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates...more

Farrell Fritz, P.C.

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

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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

Farrell Fritz, P.C.

Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on...

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In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated March 21, 2018, the Appellate Division, Second Department upheld East Hampton Town Zoning Board of Appeal’s (“ZBA”) decision...more

Farrell Fritz, P.C.

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

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In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

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