http://blog.szlawfirm.net/ Published by Silverberg Zalantis LLP en-us 2010-02-18T10:36:47-05:00 http://blog.szlawfirm.net/2010/02/ny_court_of_appeals_broadens_t.html In a decision issued today, the New York Court of Appeals reversed the Appellate Division and found that a non-conforming mining operation had attained vested rights in that use. Zoning and Land Use Law szlawfirm 2010-02-18T10:36:47-05:00 http://blog.szlawfirm.net/2010/01/seventh_circuit_decides_two_su.html In a decision addressing two separate claims of substantial burden under the Religious Land Use and Institutionalized Persons Act (RLUIPA) the Seventh Circuit Court of Appeals reached two different conclusions as to the effects of municipal actions on religious groups. RLUIPA szlawfirm 2010-01-01T10:58:08-05:00 http://blog.szlawfirm.net/2009/12/determination_to_deny_area_var.html The Appellate Division ruled that a zoning board of appeals need not justify the denial of an area variance under all five factors in the balancing test established by Town Law. Zoning and Land Use Law szlawfirm 2009-12-25T13:42:09-05:00 http://blog.szlawfirm.net/2009/12/reassessment_of_single_propert.html In the Matter of Harris Bay Yacht Club, Inc. v. The Town of Queensbury the Appellate Division, Third Department found that the town assessor had acted illegally when, after a town wide reassessment in 2005, the Yacht Club was singled out for a further reassessment in 2006 and again in 2007. Municipal Law szlawfirm 2009-12-18T10:24:43-05:00 http://blog.szlawfirm.net/2009/12/appellate_division_determines.html The New York Appellate Division, Second Department, in Matter of Baker v Village of Elmsford has unanimously held that the Village of Elmsford may not demap and discontinue portions of Vreeland Avenue and River Street unless the Village Board determines the streets are useless and it takes a hard look at the proposed action under the State Environmental Quality Review Act (SEQRA). Municipal Law szlawfirm 2009-12-17T13:53:41-05:00 http://blog.szlawfirm.net/2009/12/court_of_appeals_upholds_relea.html The New York Court of Appeals upheld the decision of the Appellate Division requiring release of documents by the Empire State Development Corporation (ESDC), despite a claim by ESDC that the documents are exempt from disclosure under the Freedom of Information Law (FOIL). Municipal Law szlawfirm 2009-12-15T11:14:36-05:00 http://blog.szlawfirm.net/2009/12/court_throws_out_condemnation_1.html In a case that appears to break new ground, the Appellate Division, First Department, found that the proposed condemnation of a number of parcels to make way for a new Columbia University Campus should be rejected. Eminent Domain szlawfirm 2009-12-04T15:39:16-05:00 http://blog.szlawfirm.net/2009/11/new_york_court_of_appeals_upho_1.html In a major decision, the New York Court of Appeals put a new gloss on the New York Eminent Domain Procedure Law (EDPL) allowing the condemnation by the Empire State Development Corporation (ESDC) of the so called "Atlantic Yards" area of Brooklyn to proceed. Eminent Domain szlawfirm 2009-11-29T08:23:45-05:00 http://blog.szlawfirm.net/2009/11/property_owner_who_successfull.html The New York Court of Appeals ruled last week that a property owner who was successful in defeating an attempt to acquire her property by eminent domain may recover certain of her attorney's fees and costs. Eminent Domain szlawfirm 2009-11-22T17:02:06-05:00 http://blog.szlawfirm.net/2009/11/new_york_court_of_appeals_find.html The New York Court of Appeals in In the Matter of Edward J. Vomero v City of New York, et al has unanimously held that the City of New York Board of Standards and Appeals abused its discretion in granting a use variance to use residentially-zoned property for commercial use. Zoning and Land Use Law szlawfirm 2009-11-22T16:06:16-05:00