The Appellate Division found that a site plan approval obtained in the early 1970’s did not create a vested right in the zoning that was subsequently amended, even though 204 of the 330 approved units were constructed and funds were expended on infrastructure that would have served the second phase…
In what the Appellate Division, Second Department called a case of first impression, the court has ruled an attempt by the Village of Haverstraw to acquire a property by condemnation for affordable housing violated the Eminent Domain Procedure Law. In the case 49 WB, LLC v. Village of Haverstraw the…
The Second Circuit Court of Appeals overturned a decision by the district court that found a property owner was not bound by a restriction contained in an old subdivision and that the Town had violated the property owners’ rights by refusing to issue a certificate of occupancy for a house…
Construction within the New York City Watershed located in Putnam County is regulated, in part, by the New York City Department of Environmental Protection (DEP). The New York Court of Appeals, in Nilsson v Dept. of Environmental Protection, limited the authority of DEP to regulate storm water runoff when reviewing…
The Appellate Division Second Department recently held that the failure to file a timely notice of claim, as required by the General Municipal Law, should not be excused in the case of Narcisse v. Village of Central Islip. The Court noted that General Municipal Law section 50-e requires that within…
The Appellate Division found that a condemnation proceeding under the Eminent Domain Law in order to enhance a golf course and for other recreational purposes was proper in the case Matter of Rocky Point Realty v Town of Brookhaven. The Court found that review of a condemnation proceeding is limited…
The Appellate Division Second Department reversed the denial of an area variance where the Zoning Board previously granted a similar variance and gave no reason for a contrary result. In Matter of Aliperti v Trotta, the Zoning Board of Appeals of the Town of Brookhaven denied an area variance for…
A Court has ruled that the issuance of a demolition permit is not an “action” within the meaning of the State Environmental Quality Review Act (“SEQRA”) that requires review under SEQRA. In Matter of Ziemba v. City of Troy, the Appellate Division, Third Department, held that the discretion to be…
A State Supreme Court Judge found that the Long Beach New York ordinance governing sales from food carts was unconstitutionally vague. In Party Magic Enterprises, Inc. v. City of New Rochelle, the plaintiff, who held a peddlers license from the city which permitted sale of food from a cart, challenged…
A Court held that a challenge to the imposition of fees for the services of engineers and attorneys retained by a town to review and assess the petitioner’s application for approval of a subdivision must be brought within four months of the date the Town unambiguously notified the petitioner that…