New York Zoning and Municipal Law Blog

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  • 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

  • August 25, 2010 9:11 PM
    N.Y. DEC Issues Updated SEQRA Handbook
  • August 16, 2010 9:47 AM
    Court Finds Westchester Town Violated RLUIPA and Overturns SEQRA Findings
  • August 11, 2010 7:45 AM
    Court Upholds SEQRA Determination and Subdivision for 850,000 Square Foot Shopping Center
  • August 5, 2010 10:01 AM
    New York Legislature Amends Opening Meetings Law Requirements
  • June 24, 2010 1:54 PM
    N.Y. Court of Appeals Reverses Appellate Division and Says Columbia University Condemnation May Proceed
  • June 17, 2010 1:45 PM
    Another Vested Rights Decision From The N.Y. Court of Appeals
  • June 6, 2010 9:40 AM
    Condemnation Award Will Not Be Disturbed On Appeal If Based On Evidence
  • May 27, 2010 1:08 PM
    District Court Ruled that Airmont Political Sign Law Violates Free Speech
  • May 23, 2010 9:37 PM
    Circuit Court Finds Boulder County Violated RLUIPA
  • May 21, 2010 7:40 AM
    N.Y. Court of Appeals Rules in Favor Of Cayuga Indian Nation On Failure To Collect Cigarette Sales Taxes

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