The Appellate Division determined that the challenge to a proposal for a telecommunications facility (cell tower) on State land was not yet ripe for review. In Village of Pelham Manor v. Crown Communications N.Y., Inc. the Appellate Division found that, where Crown Communications had a contract with the State to…
The New York Court of Appeals, in an action challenging the issuance of a use variance, clarified the application of the “relation back doctrine” to allow an amended petition adding a necessary party, after expiration of the statute of limitations. In Matter of Joseph Nemeth v. K-Tooling https://www.nycourts.gov/reporter/3dseries/2023/2023_05349.htm the Court…
Recently, the Second Circuit Court of Appeals upheld the District Court determination that the City of Kingston had the right to prohibit the public from displaying signs at a City Council meeting and that such restriction did not, as claimed by the Plaintiffs, violate their First Amendment rights. In the…
In a decision that reiterated the need for there to be other than economic impacts to a property owner to serve as a basis for challenging the environmental review of a local law or ordinance, the Appellate Division affirmed the lower court dismissal of a challenge to a zoning amendment.…
On May 2. 2022, the U.S. Supreme Court ruled on the refusal of the City of Boston to permit the flying of a Christian flag, on a flag pole located at Boston’s City Hall Plaza. In Shurtleff v City of Boston Massachusetts, the Court ruled that the City had violated…
The Appellate Division reversed a determination of the Supreme Court that had upheld the granting of a special permit and site plan, where the proposal failed to fully comply with the zoning ordinance. In the Matter of Marcus v. The Planning Board of the Village of Wesley Hills, the appellate…
The Appellate Division Second Department found that challenges to requirements of two Zoning Board of Appeals decisions and the conditions to a site plan approval issued by a Planning Board should stand. In the Matter of Florida Historical Society v. the Zoning Board of Appeals of the Village of Florida,…
The Appellate Division Second Department recently ruled that, under the procedure followed by objecting neighbors, the local Zoning Board of Appeals (“ZBA”) lacked jurisdiction to rule on the neighbors’ objection. In Matter of Capetola v. Town of Riverhead, the Petitioners/Plaintiffs (“Petitioners”), who owned a property nearby the property in contention,…
The Appellate Division restated the requirement that all interested parties must be named in an action challenging a site plan approval and that a property owner and prospective developer are not necessarily united in interest. In Matter of Mensch v Planning Bd. of the Vil. of Warwick, the Court found…
The Appellate Division determined that the failure to provide “dollars and cents” proof of the inability to use a property for any permitted use required denial of a use variance. In Matter of Dean v. Town of Poland Zoning Board of Appeals, the owners of approximately 17 acres of land…