- Court Reverses Denial of Special Permit
- Law Requiring Inspection Of Residential Units Held Unconstitutional
- Court Dismisses Civil Rights Claim
- Court Holds Change of Comprehensive Plan to Permit Rezoning of One Parcel Was Not Spot Zoning
- Court Orders Town To Complete SEQRA Process
- Failure to Challenge Zoning Board Action Within Thirty Days of Filing Minutes Ruled Fatal
- Special Permit Improperly Denied Based Upon Generalized Community Objections
- Agency May Not Deny FOIL Request Because Some Of The Information May Be Exempt
- Second Circuit Holds Zoning Provision Unconstitutionally Vague
- New York DEC Releases Proposed High Volume Hydraulic Fracturing Regulations
- Town May Reduce Size of Structure as Condition to Site Plan Approval
- Town May Not Reject Low Bidder Based Upon Criteria Not Specified In Bid Documents
- Burden on Municipality To Prove Property No Longer Qualifies For Tax Exemption
- No Vested Rights In Non-Conforming Townhouse Subdivision
- Eight Car Garage Not Customary Accessory Use
- Court Overturns Recreation Fee For Senior Housing
- Court Upholds Zoning Board Interpretation of Permitted Accessory Use
- Town May Not Use Zoning To Mandate Construction of Specific Use
- Notation On Subdivision Map Inadequate To Preclude Development of Lots
- Challenge To Planning Board Rendered Academic When No Injunction Is Sought To Preserve Status Quo
- Planning Board Must Make Individualized Analysis Before Imposing Recreation Fee
- Court Upholds Planning Board On Location Of Property Access
- Local Law Adopted in Violation of SEQRA
- Court of Appeals Finds Release of Names Exempt From FOIL
- Zoning Board Properly Applied Balancing Test In Denying Area Variance
- Challenge Brought In 2009 To Claimed Improper Use Of Parkland Which Started In 1946 Is Not Time Barred
- Town Entitled to Injunction To Enforce Zoning
- Eighty Year Old Attempted Subdivision Did Not Create Second Lot
- Property Owner Found To Be Within Zone Of Interest For Standing To Challenge Development
- Court Holds Documents Exchanged Between Federal and State Agencies May Be Exempt From FOIL, But Settlement Documents Exchanged WIth Corporation Are Not
- Court Rules on Use of Municipal Funds and Labor for Religious Display
- N.Y. DEC Issues Updated SEQRA Handbook
- Court Finds Westchester Town Violated RLUIPA and Overturns SEQRA Findings
- Court Upholds SEQRA Determination and Subdivision for 850,000 Square Foot Shopping Center
- New York Legislature Amends Opening Meetings Law Requirements
- N.Y. Court of Appeals Reverses Appellate Division and Says Columbia University Condemnation May Proceed
- Another Vested Rights Decision From The N.Y. Court of Appeals
- Condemnation Award Will Not Be Disturbed On Appeal If Based On Evidence
- District Court Ruled that Airmont Political Sign Law Violates Free Speech
- Circuit Court Finds Boulder County Violated RLUIPA
- N.Y. Court of Appeals Rules in Favor Of Cayuga Indian Nation On Failure To Collect Cigarette Sales Taxes
- Court Upholds Denial Of Area Variance Based Upon Balancing Test
- Failure To Comply With Open Meetings Law Held Mere Negligence Not Requiring Remand
- Court Finds that 82 Year Old Filed Map Does Not Vest Rights to Subdivision
- Failure to Meet A Zoning Code's Special Permit Conditions Is Grounds For Denial
- Court Upholds ZBA Decision Including Land Under Water in Lot Area
- Minimal Change In Structure With Approved Area Variance Does Not Justify Denial Of Amended Variances
- Village May Not Use Broad Reading Of Restrictive Covenant To Prevent Use
- Variance For One Nonconfirming Use Does Not Require Grant Of A Variance For Another Nonconfirming Use
- Court Review of Administrative Penalty Is Limited
- N.Y. Court of Appeals Broadens Test For Vested Right to Non-Conforming Use
- Seventh Circuit Decides Two Substantial Burden Claims Under RLUIPA
- Determination to Deny Area Variance Does Not Require Justification in Each of the Five Statutory Factors
- Reassessment of Single Property that is Otherwise Unchanged is Illegal
- Appellate Division Determines Village May Not Discontinue Streets Unless Useless and There Has Been SEQRA Compliance
- Court of Appeals Upholds Release of Documents Under FOIL Despite Claim of Exemption
- Court Throws Out Condemnation for Columbia University Campus
- New York Court of Appeals Upholds "Atlantic Yards" Condemnation
- Property Owner Who Successfully Challenges Finding of Public Purpose for Condemnation May Recover Attorney's Fees and Costs
- New York Court of Appeals Finds Zoning Board Abused Its Discretion in Granting Use Variance
- New York Court of Appeals Expands Criteria for Standing to Bring a SEQRA Challenge
- Failure to Exhaust Adminstrative Remedies Bars Claim for Certificate of Occupancy
- Deceitful Conduct May be a Basis for Denial of an Area Variance
- Court Allows Some Causes of Action Under 42 USC 1983 to Stand Against the Village of Suffern
- Summer 2009 Zoning and Municipal Law Round Up
- Property Owner Entitled to Repairs When Pre-Acquisition Emergency Access Is Granted During EDPL Process
- Town May Prohibit Use of Land Solely for Access to Abutting Parcel
- Rochester Curfew Law Unconstitutional
- Courts Continue to Defer to Zoning Boards
- Appellate Court Discounts Procedural Missteps by Planning Board in Granting Site Plan Approval
- Denial of A Permit Cannot Be Based Upon Community Pressure Rather Than Expert Opinion
- Acquiescence to Nonconforming Use Does not Render It Legal
- Town May Purchase Property for Town Hall Which Exceeds Present Needs
- Vacancy Rate Is An Appropriate Criteria In Determining To Issue A Use Variance
- No Vested Rights In Nonconforming Sand and Gravel Mine
- The Lead Agency Has Discretion to Require A Supplemental Environmental Impact Statement
- Road Improvement Serving Primarily Commercial Vehicles Does not Defeat Eminent Domain
- Sale of Municipal Property with a Purchase Money Mortgage is Not an Illegal Gift or Loan
- Authority of Municipalities to Disclose Verizon’s Quarterly Franchise Reports to Cablevision Pursuant to FOIL
- City's Extension of Credit to Purchase Ferry Service Was Not Illegal
- Court Upholds Finding That Wind Powered Generators are a Utility
- Court Voids Denial of Permit Renewal For Failure to Adhere to Administrative Precedent
- Court Upholds Denial of Area Variance Due to Self Created Hardship
- Oral Agreement With Mayor Is Not Binding On Village
- Court Holds Challenges to Zoning Amendments Do Not Alway Have to Be Brought Within Four Months
- New York Court Upholds SEQRA Findings Related to Climate Change
- Property Owners Within the Modified Zoning District Have Standing to Challenge Amendment
- Zoning Board Determination of Preexisiting Nonconfroming Use Upheld
- Atlantic Yards Condemnation Litigation Continues
- Challenge to a Local Law Requiring Discontinuance of a Nonconforming Use
- Appellate Court Summarizes Rules for Area Variances
- Zoning Board’s Quasi-Judicial Administrative Decision is Subject to Res Judicata Dismissal
- Town Zoning Ordinance Voided
- Court Reiterates Authority of Zoning Board to Interpret Local Zoning Code
- SEQRA Does Not Preclude a Revote on a Findings Statement
- Planning Board May Require Recreation Fee at Time of Final Subdivision Approval
- An Invalid Permit Cannot Confer Vested Rights
- Legislature Modifies the Rules Governing Adverse Possession
- New York Legislature Clarifies Availability of Electronic Media Through FOIL
- Variance May Not Be Conditioned Upon Term of Ownership of Current Owner
- Court Holds Communications from Consultant Not Exempt from FOIL
- Zoning Variance May Not Be Limited To The Term of Ownership of the Applicant
- A Complete Record is the Key in Zoning Board Applications
- Allowing Hot Mix Asphalt Plant as Special Use is Not Spot Zoning
- Belated March Madness-SEQRA and Zoning Cases from March, 2008
- Municipal Home Rule Permits Creation of Position of Police Commissioner
- When Is a Water District Not a Municipality?
- A SEQRA Review Is Not Required To Deny An Application
- Article by Silverberg Featured in New York Real Estate Law Reporter
- Conditions on Zoning Variance Must Be Reasonable
- Courts Must Apply a Zoning Law as Amended Following Submission of an Application
- Court Reverses Determination that Rezoning Constituted an Unconstitutional Taking
- Court Rules Municipal Annexation Requires Special Election
- Second Circuit Affirms Dismissal of Challenge to “Atlantic Yards” Condemnation
- Westchester Creates New Municipal Planning Tool
- Village Settles RLUIPA Case With Westchester Day School
- Civil Rights Action Barred When Article 78 Proceeding Provides Adequate Remedy
- Agency Has the Burden of Proving Exemption for FOIL Request
- Denial of Area Variance Due to Community Pressure Reversed
- Steven Silverberg Interviewed Concerning RLUIPA
- Site Plan Application Annulled Due to Prejudging By Planning Board Members
- City Attorney May Extend Time to Act Under Variance Without Zoning Board Action
- Open Space Restriction on Subdivision Plat Binds Future Property Owners
- Second Circuit Rules RLUIPA Applies to Westchester Day School
- Resolution Approving Consideration of Cluster Development Is Not Subject to Challenge
- Local Law Annulled Due to Improper Segmentation of SEQRA Review
- Appellate Court Holds Adjoining Municipalities May Sue Under SEQRA To Protect Community Character
- Thirty Year Old Site Plan Approval Does Not Create Vested Rights
- Appellate Court Rules Use of Eminent Domain Improper
- Second Circuit Rejects Section 1983 Property Rights Claim
- Court of Appeals Interprets New York City Watershed Regulations
- Court Denies Application to File Late Notice of Claim
- Condemnation for Recreational Proposes Qualifies as a Public Use
- Zoning Board Bound by Precedent Unless It States a Reason for a Different Result
- Court Rules Demolition Permit Does Not Trigger SEQRA Review
- Court Finds Long Beach New York Ordinance Unconstitutionally Vague
- Court Establishes Statute of Limitations for Challenge to Municipal Review Fees
- Federal Court Finds Village Discriminated Against Day Laborers
- Portions of Albany Zoning Ordinance Excluding Schools from Commercial Zone Held Unconstitutional
- New York Legislature Provides for Training of Planning Board and Zoning Board Members
- Court Finds Vested Rights in 1993 Building Permit
- Subdivision Application Not Complete Until Filing of Either a SEQRA Negative Declaration or a Notice of Completion of a Draft Environmental Impact Statement
- Court Holds Planning Board Authority to Delegate SEQRA Review Responsibilities is Limited
- Legislature Provides for Freedom of Information Law (FOIL) Requests by E-Mail
- Court Holds Challenge To Zoning Law Must Be Brought Within Four Months of Adoption-Sometimes
- Court Finds Substantial Compliance Sufficient to Uphold Petition to Establish Water District
- Local Law Must Be Challenged Within Four Months Where Action Could Have Been Brought as Article 78 Proceeding
- Court Rules Adverse Possessor’s Actual Knowledge of True Owner Does Not Preclude Successful Adverse Possession Claim
- Court Declines to Apply RLUIPA But Upholds Religious Organization’s Use of Lot Zoned for Conference and Training Facilities
- Court May Not Compel Town Board To Consider Zone Change Application
- Court Upholds New York City’s Use of Eminent Domain for Hudson Yards Project
- ZONING BOARD MAY DENY VARIANCE DESPITE PRIOR APPROVAL OF SIMILAR RELIEF
- COURT FINDS DEIS AMENDMENT VIOLATED SEQRA
- Silverberg Zalantis LLP Successful in Defending SEQRA Determination
- Municipality Liable Under Contract for Construction Work
- Zoning Board May Not Use Public Safety As Sole Basis for Interpretation
- Changed Circumstances Warrant Area Variance Rehearing Before Zoning Board
- Court Finds New York City Towing Regulations Unconstitutional
- Court of Appeals Bars Attempt to Block Eminent Domain Action
- Mamaroneck to Appeal RLUIPA Decision
- Freedom of Information Law Continues to be an Issue in New York
- Court Rejects SEQRA Negative Declararion
- Summary of Westchester Day School RLUIPA Decision
- RLUIPA Applied in Westchester Day School Case
- New Impact Statement Requirements Go Into Effect This Week
- Court of Appeals Invalidates New York City Equal Benefits Law
- New Notice Requirements Under General Municipal Law
- What Will the Eminent Domain Law Look Like in New York?
- Property Rights Case Sent Back to District Court for Further Action
- Second Circuit Reverses Judgment for Denial of Wireless Telecommunications Tower
- Village of Suffern Sued Under RLUIPA
- Appellate Division Decides Trilogy of New Rochelle Zoning Challenges
- Court of Appeals Remands Adult Zoning Case
- Eminent Domain Case Remanded to District Court on Notice Issue
- Jury Awards 1.6 Million for Rezoning of Property
- When Does RLUIPA Prevent Review of Land Use Applications?
- Bar Association Creates Task Force to Study Eminent Domain
- New York Law Requires Posting Environmental Impact Statements on the WEB
- New York Court Holds Meeting By Telephone Violates Law
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Recent Posts
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February 4, 2012 7:37 AM
Court Reverses Denial of Special Permit -
January 14, 2012 8:09 AM
Law Requiring Inspection Of Residential Units Held Unconstitutional -
December 31, 2011 9:47 AM
Court Dismisses Civil Rights Claim -
December 28, 2011 9:01 AM
Court Holds Change of Comprehensive Plan to Permit Rezoning of One Parcel Was Not Spot Zoning -
December 26, 2011 11:45 AM
Court Orders Town To Complete SEQRA Process -
December 16, 2011 9:05 AM
Failure to Challenge Zoning Board Action Within Thirty Days of Filing Minutes Ruled Fatal -
October 31, 2011 11:02 AM
Special Permit Improperly Denied Based Upon Generalized Community Objections -
October 25, 2011 10:11 AM
Agency May Not Deny FOIL Request Because Some Of The Information May Be Exempt -
October 21, 2011 11:46 AM
Second Circuit Holds Zoning Provision Unconstitutionally Vague -
September 28, 2011 2:47 PM
New York DEC Releases Proposed High Volume Hydraulic Fracturing Regulations
Legal Blogs
- New York Zoning and Municipal Law Blog (Silverberg Zalantis)
ABA Journal Daily News
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