2023-12-15: Updated: 2023-12-15 16:54:57 A “Proposed Plan” Is not Ripe for Judicial Review By Silverberg Zalantis LLC
2023-10-25: Updated: 2023-10-25 12:24:21 Court of Appeals Clarifies The “Relation Back Doctrine” When A Necessary Party Is Not Initially Named In Litigation By Silverberg Zalantis LLC
2023-07-20: Updated: 2023-07-20 17:58:10 Second Circuit Finds Restrictions On the Form or Manner of Speech In A Limited Public Forum Does Not Violate First Amendment By Silverberg Zalantis LLC
2022-12-08: Updated: 2022-12-08 12:39:59 Court Finds Property Owner Impacted By Local Law Lacked Standing To Challenge The Law By Silverberg Zalantis LLC
2022-05-12: Updated: 2022-05-12 11:19:18 Supreme Court Rules, Refusal To Permit Religious Flag At City Hall Violates Free Speech By Silverberg Zalantis LLC
2021-11-29: Updated: 2021-11-29 14:17:44 APPELLATE DIVISION REVERSES LOWER COURT DECISION THAT UPHELD SPECIAL PERMIT AND SITE PLAN APPROVAL By Silverberg Zalantis LLC
2021-09-29: Updated: 2021-09-29 17:12:18 Court Finds Planning Board’s Site Plan Conditions Rational and Challenges to ZBA Decisions Untimely By Silverberg Zalantis LLC
2021-03-26: Updated: 2021-03-26 16:07:55 Appellate Division Finds ZBA Did Not Have Authority To Rule on Issue of Lot Area By Silverberg Zalantis LLC
2020-12-18: Updated: 2020-12-18 14:32:23 Challenge to SEQRA Determination and Site Plan Dismissed Due to Failure to Name the Property Owner By Silverberg Zalantis LLC
2020-07-31: Updated: 2020-07-31 11:41:25 A Use Variance Should Be Denied for Failure to Provide Dollars and Cents Proof of Unnecessary Hardship By Silverberg Zalantis LLC
2019-12-30: Updated: 2019-12-30 16:25:44 Village of Pomona Improperly Adopted Local Laws Preventing Construction of Religious Use By Silverberg Zalantis LLC
2019-12-17: Updated: 2019-12-17 13:01:01 Denial of Lighting for Religious School Baseball Field Does Not Violate RLUIPA By Silverberg Zalantis LLC
2019-07-31: Updated: 2019-07-31 20:51:23 Court Upholds Variance Allowing Zero Lot Frontage By Silverberg Zalantis LLC
2019-04-30: Updated: 2019-04-30 16:29:42 Building Code is a Land Use Regulation for Purposes of RLUIPA By Silverberg Zalantis LLC
2019-01-17: Updated: 2019-01-17 11:05:45 Court Upholds Area Variance and Rejects Challenge to the Adequacy of the Hearing Notice By Silverberg Zalantis LLC
2018-10-25: Updated: 2018-10-25 14:51:05 Town May Not Withhold Building Permits to Ensure Completion of Infrastructure By Silverberg Zalantis LLC
2018-09-21: Updated: 2018-10-25 14:42:50 Court Holds Zoning Focused On Tax Revenue Does Not Violate RLUIPA By Silverberg Zalantis LLC
2018-07-06: Updated: 2018-07-06 09:23:50 Court Overturns SEQRA Negative Declaration By Silverberg Zalantis LLC
2018-06-14: Updated: 2018-06-14 12:29:49 Use Extending Into Adjoining Zone Only Required Area Variance By Silverberg Zalantis LLC
2018-04-12: Updated: 2018-04-12 16:17:39 Rezoning Single Parcel Was Not Spot Zoning By Silverberg Zalantis LLC
2017-11-20: Updated: 2017-11-20 10:16:37 Court Overturns SEQRA Findings And Requires Supplemental EIS By Silverberg Zalantis LLC
2017-07-01: Updated: 2017-07-01 08:43:43 Amended Article 78 Petition Attempting to Add Property Owner Barred by Statute of Limitations By Silverberg Zalantis LLC
2017-06-19: Updated: 2017-06-30 18:35:19 Portion of Former Shea Stadium Site May Not Be Converted To Retail And Other Non-Park Uses By Silverberg Zalantis LLC
2017-05-22: Updated: 2017-05-22 10:11:48 Replacement Water Tank By Water District Is Not Subject to Village Zoning By Silverberg Zalantis LLC
2017-04-14: Updated: 2017-04-14 11:52:32 Tie Vote By Zoning Board Members Was Not An Automatic Denial By Silverberg Zalantis LLC
2017-02-09: Updated: 2017-07-03 13:44:04 DEC Proposes New SEQRA Regulations By Silverberg Zalantis LLC
2017-01-30: Updated: 2017-07-03 17:27:08 Zoning Violations Preclude Property Tax Exemption for Religious Corporation By Silverberg Zalantis LLC
2016-12-22: Updated: 2017-07-03 15:09:59 Challenge to Approval of Telecommunications Tower Held Moot By Silverberg Zalantis LLC
2016-11-29: Updated: 2016-11-29 09:09:38 Homeless Shelter Operated by Church Complies With Zoning By Silverberg Zalantis LLC
2016-11-07: Updated: 2017-07-03 18:28:02 Takings Claim Dismissed for Failure to be Ripe for Judicial Review By Silverberg Zalantis LLC
2016-10-24: Updated: 2017-07-03 18:24:45 Zoning Board Lacks Authority to Place Time Limit on Approval By Silverberg Zalantis LLC
2016-07-20: Updated: 2016-07-20 22:21:25 Town List of Names and Email Addresses is Subject to Freedom of Information Law By Silverberg Zalantis LLC
2016-06-29: Updated: 2016-06-29 21:25:51 Whether Restoration Requirement in a Grant of a Building Modification to Accommodate a Disability Violated the FHA By Silverberg Zalantis LLC
2016-04-11: Updated: 2016-04-11 15:28:50 Erroneously Issued Permit Does Not Give Property Owner Vested Rights By Silverberg Zalantis LLC
2016-03-29: Updated: 2016-03-29 13:32:12 Applicant Fails to Provide Dollars and Cents Proof for Use Variance By Silverberg Zalantis LLC
2016-03-22: Updated: 2017-07-03 13:27:22 Court Holds Denial of Variance Did Not Violate RLUIPA By Silverberg Zalantis LLC
2016-01-21: Updated: 2016-01-21 13:29:05 No Evidence of Legal Nonconforming Use By Silverberg Zalantis LLC
2015-11-19: Updated: 2017-07-03 13:50:27 Standing To Challenge SEQRA Determination Is Not Defeated Because Others Are Also Impacted By Silverberg Zalantis LLC
2015-10-01: Updated: 2015-10-15 15:56:44 Court Vacates SEQRA Findings Statement For Lack Of Support In The Record By Silverberg Zalantis LLC
2015-09-26: Updated: 2017-07-03 17:34:36 Zoning Board Need Not Support Every Finding With Evidence If Determination Has A Rational Basis By Silverberg Zalantis LLC
2015-08-24: Updated: 2015-08-24 21:31:27 Supreme Court Sign Decision Widens the Limitations on Government Regulation By Silverberg Zalantis LLC
2015-07-31: Updated: 2015-07-31 17:45:13 U.S. Supreme Court Ruling on Local Sign Laws By Silverberg Zalantis LLC
2015-06-30: Updated: 2015-06-30 12:58:10 City Did Not Impliedly Dedicate Land as Parkland By Silverberg Zalantis LLC
2015-05-31: Updated: 2017-07-03 13:51:59 Town Violated SEQRA by Segmenting Review of Drainage From Larger Project By Silverberg Zalantis LLC
2015-05-27: Updated: 2015-05-27 06:40:59 Court Finds Zoning Board Interpretation a Reasonable Exercise of Discretion By Silverberg Zalantis LLC
2015-05-16: Updated: 2015-05-16 08:15:12 One Legal Nonconforming Use Does Not Permit Another Nonconforming Use By Silverberg Zalantis LLC
2015-04-30: Updated: 2017-06-30 18:10:18 Court Reverses Denial of Special Permit By Silverberg Zalantis LLC
2015-04-24: Updated: 2015-04-24 04:44:01 Uncertified Zoning Board Record is Not Fatal to Defense of Article 78 Proceeding By Silverberg Zalantis LLC
2015-02-22: Updated: 2015-02-22 11:53:02 Involved Agency Limited to SEQRA Record Developed by Lead Agency By Silverberg Zalantis LLC
2015-01-30: Updated: 2015-01-30 06:19:29 Court Upholds Denial of Area Variances By Silverberg Zalantis LLC
2015-01-05: Updated: 2015-01-05 15:30:26 Zoning Board Improperly Applied the Abandoned Practical Difficulty Test to Area Variance By Silverberg Zalantis LLC
2014-10-17: Updated: 2014-10-17 14:24:54 N.Y. Court of Appeals “Clarifies” Whether a Parking Variance is a Use or Area Variance By Silverberg Zalantis LLC
2014-08-31: Updated: 2017-06-30 18:11:51 Court Upholds Denial of Special Permit By Silverberg Zalantis LLC
2014-07-31: Updated: 2014-07-31 08:05:02 Court Restates Standard of Review for Zoning Board Decisions By Silverberg Zalantis LLC
2014-06-30: Updated: 2014-06-30 16:39:22 Town Zoning Law May Ban Hydrofracking in New York By Silverberg Zalantis LLC
2014-05-25: Updated: 2014-05-25 10:34:15 Takings Claim Ripe Despite No Final Determination By Silverberg Zalantis LLC
2014-04-05: Updated: 2014-04-05 10:08:21 Court Reverses Zoning Board Definition of Auditoriun By Silverberg Zalantis LLC
2014-03-31: Updated: 2014-03-31 10:25:49 State “Cemetery Law” Does not Preempt Local Zoning By Silverberg Zalantis LLC
2014-03-30: Updated: 2014-03-30 12:09:14 SEQRA Challenge Not Ripe Absent Approvals By Silverberg Zalantis LLC
2014-02-27: Updated: 2014-02-27 18:24:23 Court Finds DEIS Unnecssary for Type I Action By Silverberg Zalantis LLC
2014-02-21: Updated: 2014-02-21 09:16:44 Public Trust Doctrine Not Violated By Restaurant In City Park By Silverberg Zalantis LLC
2014-02-14: Updated: 2014-02-14 13:29:58 Conditional Site Plan Approval Not Enough to Create Vested Right in Prior Zoning By Silverberg Zalantis LLC
2014-02-13: Updated: 2014-02-13 09:28:05 Condition Set by ZBA Negated by Subsequent Zoning Amendment By Silverberg Zalantis LLC
2014-01-03: Updated: 2014-01-03 15:15:37 Court Upholds Denial of Use Variance for a Ski Lift By Silverberg Zalantis LLC
2013-12-27: Updated: 2013-12-27 15:01:00 Proximity of Neighborhood Access Road to Project Site Not Sufficient for Standing to Challenge Site Plan By Silverberg Zalantis LLC
2013-12-22: Updated: 2013-12-22 17:53:30 Extension of Grandfather Clause to Allow Development Consistent With Comprehensive Plan By Silverberg Zalantis LLC
2013-12-19: Updated: 2017-07-03 13:40:35 ZBA Failed to Accommodate Religious Use by Denying Special Permit and Variance By Silverberg Zalantis LLC
2013-11-01: Updated: 2013-11-01 07:54:05 Municipality Has No Jurisdiction Over Site Plan in State Owned Navigable Waterway By Silverberg Zalantis LLC
2013-10-31: Updated: 2013-10-31 11:07:27 Issuance of a Demolition Permit Without Submission of a Redevelopment Plan Did Not Constitute Segmentation Under SEQRA By Silverberg Zalantis LLC
2013-10-23: Updated: 2013-10-23 12:50:48 Area Variance Denied as Not Sufficiently Similar to Other Previously Approved Variances By Silverberg Zalantis LLC
2013-07-14: Updated: 2013-07-14 08:44:57 Potential of Fracking Induced Earthquakes By Silverberg Zalantis LLC
2013-07-08: Updated: 2013-07-08 09:49:07 Court Upholds Denial of Two Lot Subdivision By Silverberg Zalantis LLC
2013-07-04: Updated: 2013-07-04 15:31:32 SEQRA Conditional Negative Declaration Supported by the Record By Silverberg Zalantis LLC
2013-06-27: Updated: 2013-06-27 20:00:21 Special Permit For Wind Farm Reversed Even Though Board Complied With SEQRA By Silverberg Zalantis LLC
2013-06-22: Updated: 2013-06-22 07:17:39 Restaurant and Concessions in Park Do Not Violate Public Trust Doctrinw By Silverberg Zalantis LLC
2013-05-03: Updated: 2013-05-03 07:54:18 Municipalities May Ban Hydrofracking By Silverberg Zalantis LLC
2013-04-03: Updated: 2013-04-03 20:10:59 Racing Pigeons Are Not Customary Household Pets By Silverberg Zalantis LLC
2013-02-20: Updated: 2017-07-03 18:26:00 Court of Appeals Reaffirms Zoning Relates to Use Not the User By Silverberg Zalantis LLC
2013-02-07: Updated: 2013-02-07 06:01:01 Court Finds Improper Segmentation of SEQRA Review By Silverberg Zalantis LLC
2013-01-22: Updated: 2013-01-22 10:07:24 Court Vacates Conditions Fixed By Zoning Board By Silverberg Zalantis LLC
2012-12-31: Updated: 2012-12-31 17:06:29 Court Holds Nearby Business Lacks Standing to Challenge Zone Change By Silverberg Zalantis LLC
2012-12-06: Updated: 2012-12-06 10:12:29 Supreme Court Rules Temporary Flooding by Government May Be a Taking By Silverberg Zalantis LLC
2012-11-28: Updated: 2012-11-28 10:11:59 Court of Appeals Directs Reinstatement of Employee By Silverberg Zalantis LLC
2012-10-25: Updated: 2012-10-25 06:19:51 Interpretation of Ambiguous Language in Zoning Ordinance a Question of Fact By Silverberg Zalantis LLC
2012-10-23: Updated: 2012-10-23 12:17:48 Court of Appeals Requires Supplemental Environmental Impact Statement By Silverberg Zalantis LLC
2012-10-19: Updated: 2012-10-19 14:12:23 Town Fails to Exhaust Administrative Remedies in Challenge to SDHR By Silverberg Zalantis LLC
2012-09-28: Updated: 2012-09-28 07:42:43 Court Remands Issue of Costs of FOIL Request For Trial By Silverberg Zalantis LLC
2012-09-24: Updated: 2017-07-03 13:41:47 Second Circuit Affirms Finding of RLUIPA Violation By Silverberg Zalantis LLC
2012-09-03: Updated: 2012-09-03 18:47:13 Challenge to Special Permit Barred By Laches By Silverberg Zalantis LLC
2012-08-26: Updated: 2012-08-26 08:14:04 Neighbors Have Standing to Challenge SEQRA Determination By Silverberg Zalantis LLC
2012-08-11: Updated: 2012-08-11 10:23:47 Completion of Construction Precludes Challenge When No Preliminary Injunction Sought By Silverberg Zalantis LLC
2012-07-22: Updated: 2017-06-30 18:43:38 Rezoning Consistent With Comprehensive Plan But Failed to Comply With SEQRA By Silverberg Zalantis LLC
2012-06-30: Updated: 2012-06-30 10:13:58 Zoning Amendment to Aid One Property Is Not Spot Zoning, Nor Did It Violate SEQRA or GML By Silverberg Zalantis LLC
2012-06-28: Updated: 2012-06-28 07:03:11 Court of Appeals Upholds SEQRA Negative Declaration for Rezoning By Silverberg Zalantis LLC
2012-05-28: Updated: 2012-05-28 21:03:28 Second Circuit Finds Town Prayer Practice Violates Establishment Clause By Silverberg Zalantis LLC
2012-04-26: Updated: 2017-07-03 17:42:04 Court Reverses Dismissal of SEQRA Challenge By Adjoining Municipality By Silverberg Zalantis LLC
2012-04-22: Updated: 2012-04-22 15:43:34 Appellate Division Reverses Grant of Use Variance By Silverberg Zalantis LLC
2012-03-22: Updated: 2012-03-22 13:18:10 Court Of Appeals Finds EPA Is Not An “Agency” for Purposes of Exemption of Communications From Disclosure Under FOIL By Silverberg Zalantis LLC
2012-03-19: Updated: 2012-03-19 23:33:25 Court Reverses Denial of Special Permit By Silverberg Zalantis LLC
2012-03-01: Updated: 2012-03-01 21:35:58 Court Finds “Reasoned Elaboration” In EAF Supports SEQRA Negative Declaration By Silverberg Zalantis LLC
2012-02-28: Updated: 2017-07-03 16:28:18 Congress Limits Municipal Authority To Deny Modification of Telecommunications Facilities By Silverberg Zalantis LLC
2012-02-04: Updated: 2012-02-04 07:37:26 Court Reverses Denial of Special Permit By Silverberg Zalantis LLC
2012-01-14: Updated: 2012-01-14 08:09:05 Law Requiring Inspection Of Residential Units Held Unconstitutional By Silverberg Zalantis LLC
2011-12-31: Updated: 2017-07-03 18:29:30 Court Dismisses Civil Rights Claim By Silverberg Zalantis LLC
2011-12-28: Updated: 2011-12-28 09:01:49 Court Holds Change of Comprehensive Plan to Permit Rezoning of One Parcel Was Not Spot Zoning By Silverberg Zalantis LLC
2011-12-26: Updated: 2011-12-26 11:45:22 Court Orders Town To Complete SEQRA Process By Silverberg Zalantis LLC
2011-12-16: Updated: 2011-12-16 09:05:15 Failure to Challenge Zoning Board Action Within Thirty Days of Filing Minutes Ruled Fatal By Silverberg Zalantis LLC
2011-10-31: Updated: 2011-10-31 11:02:04 Special Permit Improperly Denied Based Upon Generalized Community Objections By Silverberg Zalantis LLC
2011-10-25: Updated: 2011-10-25 10:11:51 Agency May Not Deny FOIL Request Because Some Of The Information May Be Exempt By Silverberg Zalantis LLC
2011-10-21: Updated: 2011-10-21 11:46:40 Second Circuit Holds Zoning Provision Unconstitutionally Vague By Silverberg Zalantis LLC
2011-09-28: Updated: 2011-09-28 14:47:26 New York DEC Releases Proposed High Volume Hydraulic Fracturing Regulations By Silverberg Zalantis LLC
2011-09-23: Updated: 2011-09-23 13:47:52 Town May Reduce Size of Structure as Condition to Site Plan Approval By Silverberg Zalantis LLC
2011-07-31: Updated: 2017-07-03 18:41:21 Town May Not Reject Low Bidder Based Upon Criteria Not Specified In Bid Documents By Silverberg Zalantis LLC
2011-06-25: Updated: 2017-07-03 17:40:55 Burden on Municipality To Prove Property No Longer Qualifies For Tax Exemption By Silverberg Zalantis LLC
2011-06-02: Updated: 2016-10-28 17:03:49 No Vested Rights In Non-Conforming Townhouse Subdivision By Silverberg Zalantis LLC
2011-05-31: Updated: 2011-05-31 17:09:50 Eight Car Garage Not Customary Accessory Use By Silverberg Zalantis LLC
2011-05-09: Updated: 2011-05-09 09:05:50 Court Overturns Recreation Fee For Senior Housing By Silverberg Zalantis LLC
2011-05-01: Updated: 2011-05-01 16:33:59 Court Upholds Zoning Board Interpretation of Permitted Accessory Use By Silverberg Zalantis LLC
2011-04-02: Updated: 2011-04-02 13:26:29 Town May Not Use Zoning To Mandate Construction of Specific Use By Silverberg Zalantis LLC
2011-03-14: Updated: 2017-06-30 17:30:16 Notation On Subdivision Map Inadequate To Preclude Development of Lots By Silverberg Zalantis LLC
2011-03-12: Updated: 2011-03-12 10:11:33 Challenge To Planning Board Rendered Academic When No Injunction Is Sought To Preserve Status Quo By Silverberg Zalantis LLC
2011-02-27: Updated: 2011-02-27 12:33:36 Planning Board Must Make Individualized Analysis Before Imposing Recreation Fee By Silverberg Zalantis LLC
2011-02-19: Updated: 2011-02-19 09:48:07 Court Upholds Planning Board On Location Of Property Access By Silverberg Zalantis LLC
2010-11-29: Updated: 2010-11-29 10:08:10 Court of Appeals Finds Release of Names Exempt From FOIL By Silverberg Zalantis LLC
2010-11-28: Updated: 2010-11-28 15:11:46 Zoning Board Properly Applied Balancing Test In Denying Area Variance By Silverberg Zalantis LLC
2010-11-21: Updated: 2010-11-21 15:31:40 Challenge Brought In 2009 To Claimed Improper Use Of Parkland Which Started In 1946 Is Not Time Barred By Silverberg Zalantis LLC
2010-11-18: Updated: 2010-11-18 09:24:55 Town Entitled to Injunction To Enforce Zoning By Silverberg Zalantis LLC
2010-11-06: Updated: 2010-11-06 10:00:09 Eighty Year Old Attempted Subdivision Did Not Create Second Lot By Silverberg Zalantis LLC
2010-10-12: Updated: 2010-10-12 11:03:55 Property Owner Found To Be Within Zone Of Interest For Standing To Challenge Development By Silverberg Zalantis LLC
2010-09-19: Updated: 2017-07-03 18:40:20 Court Holds Documents Exchanged Between Federal and State Agencies May Be Exempt From FOIL, But Settlement Documents Exchanged WIth Corporation Are Not By Silverberg Zalantis LLC
2010-09-12: Updated: 2010-09-12 15:22:45 Court Rules on Use of Municipal Funds and Labor for Religious Display By Silverberg Zalantis LLC
2010-08-25: Updated: 2010-08-25 21:11:17 N.Y. DEC Issues Updated SEQRA Handbook By Silverberg Zalantis LLC
2010-08-16: Updated: 2017-07-03 18:13:24 Court Finds Westchester Town Violated RLUIPA and Overturns SEQRA Findings By Silverberg Zalantis LLC
2010-08-11: Updated: 2010-08-11 07:45:51 Court Upholds SEQRA Determination and Subdivision for 850,000 Square Foot Shopping Center By Silverberg Zalantis LLC
2010-08-05: Updated: 2017-07-03 17:46:49 New York Legislature Amends Opening Meetings Law Requirements By Silverberg Zalantis LLC
2010-06-24: Updated: 2017-07-03 18:35:49 N.Y. Court of Appeals Reverses Appellate Division and Says Columbia University Condemnation May Proceed By Silverberg Zalantis LLC
2010-06-17: Updated: 2010-06-17 13:45:06 Another Vested Rights Decision From The N.Y. Court of Appeals By Silverberg Zalantis LLC
2010-06-06: Updated: 2010-06-06 09:40:31 Condemnation Award Will Not Be Disturbed On Appeal If Based On Evidence By Silverberg Zalantis LLC
2010-05-27: Updated: 2010-05-27 13:08:10 District Court Ruled that Airmont Political Sign Law Violates Free Speech By Silverberg Zalantis LLC
2010-05-23: Updated: 2010-05-23 21:37:30 Circuit Court Finds Boulder County Violated RLUIPA By Silverberg Zalantis LLC
2010-05-21: Updated: 2010-05-21 07:40:42 N.Y. Court of Appeals Rules in Favor Of Cayuga Indian Nation On Failure To Collect Cigarette Sales Taxes By Silverberg Zalantis LLC
2010-05-17: Updated: 2010-05-17 10:09:38 Court Upholds Denial Of Area Variance Based Upon Balancing Test By Silverberg Zalantis LLC
2010-05-15: Updated: 2010-05-15 10:21:36 Failure To Comply With Open Meetings Law Held Mere Negligence Not Requiring Remand By Silverberg Zalantis LLC
2010-05-05: Updated: 2010-05-05 00:25:21 Court Finds that 82 Year Old Filed Map Does Not Vest Rights to Subdivision By Silverberg Zalantis LLC
2010-04-17: Updated: 2010-04-17 16:07:11 Failure to Meet A Zoning Code’s Special Permit Conditions Is Grounds For Denial By Silverberg Zalantis LLC
2010-04-10: Updated: 2010-04-10 09:35:23 Court Upholds ZBA Decision Including Land Under Water in Lot Area By Silverberg Zalantis LLC
2010-04-01: Updated: 2017-06-30 17:57:31 Minimal Change In Structure With Approved Area Variance Does Not Justify Denial Of Amended Variances By Silverberg Zalantis LLC
2010-03-29: Updated: 2017-07-03 18:32:08 Village May Not Use Broad Reading Of Restrictive Covenant To Prevent Use By Silverberg Zalantis LLC
2010-03-27: Updated: 2010-03-27 08:41:08 Variance For One Nonconfirming Use Does Not Require Grant Of A Variance For Another Nonconfirming Use By Silverberg Zalantis LLC
2010-03-18: Updated: 2010-03-18 12:39:50 Court Review of Administrative Penalty Is Limited By Silverberg Zalantis LLC
2010-02-18: Updated: 2010-02-18 10:36:47 N.Y. Court of Appeals Broadens Test For Vested Right to Non-Conforming Use By Silverberg Zalantis LLC
2010-01-01: Updated: 2010-01-01 10:58:08 Seventh Circuit Decides Two Substantial Burden Claims Under RLUIPA By Silverberg Zalantis LLC
2009-12-25: Updated: 2009-12-25 13:42:09 Determination to Deny Area Variance Does Not Require Justification in Each of the Five Statutory Factors By Silverberg Zalantis LLC
2009-12-18: Updated: 2009-12-18 10:24:43 Reassessment of Single Property that is Otherwise Unchanged is Illegal By Silverberg Zalantis LLC
2009-12-17: Updated: 2017-10-30 15:13:28 Appellate Division Determines Village May Not Discontinue Streets Unless Useless and There Has Been SEQRA Compliance By Silverberg Zalantis LLC
2009-12-15: Updated: 2009-12-15 11:14:36 Court of Appeals Upholds Release of Documents Under FOIL Despite Claim of Exemption By Silverberg Zalantis LLC
2009-12-04: Updated: 2009-12-04 15:39:16 Court Throws Out Condemnation for Columbia University Campus By Silverberg Zalantis LLC
2009-11-29: Updated: 2009-11-29 08:23:45 New York Court of Appeals Upholds “Atlantic Yards” Condemnation By Silverberg Zalantis LLC
2009-11-22: Updated: 2009-11-22 17:02:06 Property Owner Who Successfully Challenges Finding of Public Purpose for Condemnation May Recover Attorney’s Fees and Costs By Silverberg Zalantis LLC
2009-11-22: Updated: 2009-11-22 16:06:16 New York Court of Appeals Finds Zoning Board Abused Its Discretion in Granting Use Variance By Silverberg Zalantis LLC
2009-10-27: Updated: 2009-10-27 14:34:24 New York Court of Appeals Expands Criteria for Standing to Bring a SEQRA Challenge By Silverberg Zalantis LLC
2009-10-11: Updated: 2009-10-11 17:09:20 Failure to Exhaust Adminstrative Remedies Bars Claim for Certificate of Occupancy By Silverberg Zalantis LLC
2009-10-05: Updated: 2009-10-05 09:10:25 Deceitful Conduct May be a Basis for Denial of an Area Variance By Silverberg Zalantis LLC
2009-10-04: Updated: 2009-10-04 12:06:33 Court Allows Some Causes of Action Under 42 USC 1983 to Stand Against the Village of Suffern By Silverberg Zalantis LLC
2009-09-28: Updated: 2017-10-30 15:13:26 Summer 2009 Zoning and Municipal Law Round Up By Silverberg Zalantis LLC
2009-08-13: Updated: 2009-08-13 12:21:15 Property Owner Entitled to Repairs When Pre-Acquisition Emergency Access Is Granted During EDPL Process By Silverberg Zalantis LLC
2009-06-27: Updated: 2009-06-27 06:58:41 Town May Prohibit Use of Land Solely for Access to Abutting Parcel By Silverberg Zalantis LLC
2009-06-09: Updated: 2009-06-09 23:26:36 Rochester Curfew Law Unconstitutional By Silverberg Zalantis LLC
2009-05-18: Updated: 2009-05-18 10:00:43 Courts Continue to Defer to Zoning Boards By Silverberg Zalantis LLC
2009-05-11: Updated: 2017-06-30 17:35:48 Appellate Court Discounts Procedural Missteps by Planning Board in Granting Site Plan Approval By Silverberg Zalantis LLC
2009-05-07: Updated: 2009-05-07 10:03:16 Denial of A Permit Cannot Be Based Upon Community Pressure Rather Than Expert Opinion By Silverberg Zalantis LLC
2009-05-04: Updated: 2009-05-04 10:04:33 Acquiescence to Nonconforming Use Does not Render It Legal By Silverberg Zalantis LLC
2009-05-01: Updated: 2009-05-01 10:15:31 Town May Purchase Property for Town Hall Which Exceeds Present Needs By Silverberg Zalantis LLC
2009-04-29: Updated: 2009-04-29 09:58:06 Vacancy Rate Is An Appropriate Criteria In Determining To Issue A Use Variance By Silverberg Zalantis LLC
2009-04-27: Updated: 2009-04-27 09:31:39 No Vested Rights In Nonconforming Sand and Gravel Mine By Silverberg Zalantis LLC
2009-04-25: Updated: 2009-04-25 16:48:22 The Lead Agency Has Discretion to Require A Supplemental Environmental Impact Statement By Silverberg Zalantis LLC
2009-04-13: Updated: 2009-04-13 10:02:17 Road Improvement Serving Primarily Commercial Vehicles Does not Defeat Eminent Domain By Silverberg Zalantis LLC
2009-03-31: Updated: 2009-03-31 09:58:08 Sale of Municipal Property with a Purchase Money Mortgage is Not an Illegal Gift or Loan By Silverberg Zalantis LLC
2009-03-30: Updated: 2009-03-30 10:04:52 Authority of Municipalities to Disclose Verizon’s Quarterly Franchise Reports to Cablevision Pursuant to FOIL By Silverberg Zalantis LLC
2009-03-24: Updated: 2009-03-24 10:16:58 City’s Extension of Credit to Purchase Ferry Service Was Not Illegal By Silverberg Zalantis LLC
2009-03-23: Updated: 2009-03-23 10:37:39 Court Upholds Finding That Wind Powered Generators are a Utility By Silverberg Zalantis LLC
2009-03-22: Updated: 2009-03-22 11:41:38 Court Voids Denial of Permit Renewal For Failure to Adhere to Administrative Precedent By Silverberg Zalantis LLC
2009-03-19: Updated: 2009-03-19 10:08:25 Court Upholds Denial of Area Variance Due to Self Created Hardship By Silverberg Zalantis LLC
2009-03-17: Updated: 2009-03-17 10:18:37 Oral Agreement With Mayor Is Not Binding On Village By Silverberg Zalantis LLC
2009-03-15: Updated: 2009-03-15 16:59:45 Court Holds Challenges to Zoning Amendments Do Not Alway Have to Be Brought Within Four Months By Silverberg Zalantis LLC
2009-03-02: Updated: 2009-03-02 11:44:26 New York Court Upholds SEQRA Findings Related to Climate Change By Silverberg Zalantis LLC
2009-03-02: Updated: 2009-03-02 10:41:26 Property Owners Within the Modified Zoning District Have Standing to Challenge Amendment By Silverberg Zalantis LLC
2009-02-28: Updated: 2009-02-28 10:26:46 Zoning Board Determination of Preexisiting Nonconfroming Use Upheld By Silverberg Zalantis LLC
2009-02-27: Updated: 2009-02-27 11:21:48 Atlantic Yards Condemnation Litigation Continues By Silverberg Zalantis LLC
2009-02-07: Updated: 2009-02-07 15:32:14 Challenge to a Local Law Requiring Discontinuance of a Nonconforming Use By Silverberg Zalantis LLC
2009-01-26: Updated: 2017-06-30 18:02:06 Appellate Court Summarizes Rules for Area Variances By Silverberg Zalantis LLC
2009-01-05: Updated: 2009-01-05 10:00:32 Zoning Board’s Quasi-Judicial Administrative Decision is Subject to Res Judicata Dismissal By Silverberg Zalantis LLC
2008-12-08: Updated: 2008-12-08 10:00:52 Court Reiterates Authority of Zoning Board to Interpret Local Zoning Code By Silverberg Zalantis LLC
2008-11-30: Updated: 2008-11-30 11:35:30 SEQRA Does Not Preclude a Revote on a Findings Statement By Silverberg Zalantis LLC
2008-09-12: Updated: 2008-09-12 06:53:56 Planning Board May Require Recreation Fee at Time of Final Subdivision Approval By Silverberg Zalantis LLC
2008-09-09: Updated: 2008-09-09 11:53:29 An Invalid Permit Cannot Confer Vested Rights By Silverberg Zalantis LLC
2008-09-08: Updated: 2017-07-03 18:33:36 Legislature Modifies the Rules Governing Adverse Possession By Silverberg Zalantis LLC
2008-08-06: Updated: 2008-08-06 09:49:27 New York Legislature Clarifies Availability of Electronic Media Through FOIL By Silverberg Zalantis LLC
2008-07-31: Updated: 2008-07-31 09:44:27 Variance May Not Be Conditioned Upon Term of Ownership of Current Owner By Silverberg Zalantis LLC
2008-07-28: Updated: 2008-07-28 18:31:36 Court Holds Communications from Consultant Not Exempt from FOIL By Silverberg Zalantis LLC
2008-06-22: Updated: 2008-06-22 20:03:56 Zoning Variance May Not Be Limited To The Term of Ownership of the Applicant By Silverberg Zalantis LLC
2008-06-15: Updated: 2008-06-15 10:34:44 A Complete Record is the Key in Zoning Board Applications By Silverberg Zalantis LLC
2008-06-07: Updated: 2008-06-07 07:46:20 Allowing Hot Mix Asphalt Plant as Special Use is Not Spot Zoning By Silverberg Zalantis LLC
2008-05-13: Updated: 2008-05-13 10:05:00 Belated March Madness-SEQRA and Zoning Cases from March, 2008 By Silverberg Zalantis LLC
2008-05-12: Updated: 2008-05-12 10:12:48 Municipal Home Rule Permits Creation of Position of Police Commissioner By Silverberg Zalantis LLC
2008-05-11: Updated: 2008-05-11 11:09:43 When Is a Water District Not a Municipality? By Silverberg Zalantis LLC
2008-04-19: Updated: 2008-04-19 08:36:39 A SEQRA Review Is Not Required To Deny An Application By Silverberg Zalantis LLC
2008-03-08: Updated: 2008-03-08 17:47:14 Article by Silverberg Featured in New York Real Estate Law Reporter By Silverberg Zalantis LLC
2008-02-26: Updated: 2008-02-26 09:25:17 Conditions on Zoning Variance Must Be Reasonable By Silverberg Zalantis LLC
2008-02-24: Updated: 2008-02-24 10:50:24 Courts Must Apply a Zoning Law as Amended Following Submission of an Application By Silverberg Zalantis LLC
2008-02-19: Updated: 2017-06-30 18:55:10 Court Reverses Determination that Rezoning Constituted an Unconstitutional Taking By Silverberg Zalantis LLC
2008-02-17: Updated: 2008-02-17 11:21:26 Court Rules Municipal Annexation Requires Special Election By Silverberg Zalantis LLC
2008-02-02: Updated: 2008-02-02 10:59:41 Second Circuit Affirms Dismissal of Challenge to “Atlantic Yards” Condemnation By Silverberg Zalantis LLC
2008-01-18: Updated: 2008-01-18 07:56:06 Westchester Creates New Municipal Planning Tool By Silverberg Zalantis LLC
2008-01-15: Updated: 2008-01-15 07:43:06 Village Settles RLUIPA Case With Westchester Day School By Silverberg Zalantis LLC
2008-01-08: Updated: 2017-07-03 18:30:35 Civil Rights Action Barred When Article 78 Proceeding Provides Adequate Remedy By Silverberg Zalantis LLC
2008-01-07: Updated: 2008-01-07 06:55:01 Agency Has the Burden of Proving Exemption for FOIL Request By Silverberg Zalantis LLC
2008-01-06: Updated: 2008-01-06 15:42:21 Denial of Area Variance Due to Community Pressure Reversed By Silverberg Zalantis LLC
2007-12-17: Updated: 2007-12-17 12:48:42 Steven Silverberg Interviewed Concerning RLUIPA By Silverberg Zalantis LLC
2007-11-21: Updated: 2007-11-21 23:13:31 Site Plan Application Annulled Due to Prejudging By Planning Board Members By Silverberg Zalantis LLC
2007-11-19: Updated: 2007-11-19 17:51:47 City Attorney May Extend Time to Act Under Variance Without Zoning Board Action By Silverberg Zalantis LLC
2007-11-15: Updated: 2007-11-15 13:22:39 Open Space Restriction on Subdivision Plat Binds Future Property Owners By Silverberg Zalantis LLC
2007-10-17: Updated: 2007-10-17 11:46:15 Second Circuit Rules RLUIPA Applies to Westchester Day School By Silverberg Zalantis LLC
2007-10-13: Updated: 2007-10-13 07:49:09 Resolution Approving Consideration of Cluster Development Is Not Subject to Challenge By Silverberg Zalantis LLC
2007-08-26: Updated: 2007-08-26 11:38:10 Local Law Annulled Due to Improper Segmentation of SEQRA Review By Silverberg Zalantis LLC
2007-08-19: Updated: 2007-08-19 10:54:21 Appellate Court Holds Adjoining Municipalities May Sue Under SEQRA To Protect Community Character By Silverberg Zalantis LLC
2007-07-28: Updated: 2017-07-03 17:48:05 Thirty Year Old Site Plan Approval Does Not Create Vested Rights By Silverberg Zalantis LLC
2007-06-23: Updated: 2017-07-03 18:36:46 Appellate Court Rules Use of Eminent Domain Improper By Silverberg Zalantis LLC
2007-04-16: Updated: 2017-07-03 18:18:49 Second Circuit Rejects Section 1983 Property Rights Claim By Silverberg Zalantis LLC
2007-04-04: Updated: 2007-04-04 18:49:21 Court of Appeals Interprets New York City Watershed Regulations By Silverberg Zalantis LLC
2007-02-18: Updated: 2007-02-18 07:40:37 Court Denies Application to File Late Notice of Claim By Silverberg Zalantis LLC
2007-02-04: Updated: 2007-02-04 16:44:32 Condemnation for Recreational Proposes Qualifies as a Public Use By Silverberg Zalantis LLC
2007-01-08: Updated: 2007-01-08 09:09:07 Zoning Board Bound by Precedent Unless It States a Reason for a Different Result By Silverberg Zalantis LLC
2007-01-04: Updated: 2007-01-04 09:04:20 Court Rules Demolition Permit Does Not Trigger SEQRA Review By Silverberg Zalantis LLC
2007-01-02: Updated: 2007-01-02 09:02:06 Court Finds Long Beach New York Ordinance Unconstitutionally Vague By Silverberg Zalantis LLC
2006-12-16: Updated: 2006-12-16 16:30:13 Court Establishes Statute of Limitations for Challenge to Municipal Review Fees By Silverberg Zalantis LLC
2006-11-27: Updated: 2006-11-27 09:03:07 Federal Court Finds Village Discriminated Against Day Laborers By Silverberg Zalantis LLC
2006-10-31: Updated: 2006-10-31 09:05:03 Portions of Albany Zoning Ordinance Excluding Schools from Commercial Zone Held Unconstitutional By Silverberg Zalantis LLC
2006-10-18: Updated: 2006-10-18 09:02:06 New York Legislature Provides for Training of Planning Board and Zoning Board Members By Silverberg Zalantis LLC
2006-10-03: Updated: 2006-10-03 09:05:10 Court Finds Vested Rights in 1993 Building Permit By Silverberg Zalantis LLC
2006-09-25: Updated: 2006-09-25 09:01:39 Subdivision Application Not Complete Until Filing of Either a SEQRA Negative Declaration or a Notice of Completion of a Draft Environmental Impact Statement By Silverberg Zalantis LLC
2006-09-13: Updated: 2006-09-13 09:09:17 Court Holds Planning Board Authority to Delegate SEQRA Review Responsibilities is Limited By Silverberg Zalantis LLC
2006-08-23: Updated: 2006-08-23 09:00:25 Legislature Provides for Freedom of Information Law (FOIL) Requests by E-Mail By Silverberg Zalantis LLC
2006-08-21: Updated: 2006-08-21 09:02:49 Court Holds Challenge To Zoning Law Must Be Brought Within Four Months of Adoption-Sometimes By Silverberg Zalantis LLC
2006-08-07: Updated: 2006-08-07 09:11:49 Court Finds Substantial Compliance Sufficient to Uphold Petition to Establish Water District By Silverberg Zalantis LLC
2006-07-05: Updated: 2006-07-05 09:01:17 Local Law Must Be Challenged Within Four Months Where Action Could Have Been Brought as Article 78 Proceeding By Silverberg Zalantis LLC
2006-06-29: Updated: 2017-07-03 18:34:34 Court Rules Adverse Possessor’s Actual Knowledge of True Owner Does Not Preclude Successful Adverse Possession Claim By Silverberg Zalantis LLC
2006-06-26: Updated: 2017-07-03 18:17:32 Court Declines to Apply RLUIPA But Upholds Religious Organization’s Use of Lot Zoned for Conference and Training Facilities By Silverberg Zalantis LLC
2006-06-12: Updated: 2006-06-12 09:08:13 Court May Not Compel Town Board To Consider Zone Change Application By Silverberg Zalantis LLC
2006-06-05: Updated: 2006-06-05 09:09:26 Court Upholds New York City’s Use of Eminent Domain for Hudson Yards Project By Silverberg Zalantis LLC
2006-06-01: Updated: 2006-06-01 09:15:18 ZONING BOARD MAY DENY VARIANCE DESPITE PRIOR APPROVAL OF SIMILAR RELIEF By Silverberg Zalantis LLC
2006-05-30: Updated: 2006-05-30 16:06:19 COURT FINDS DEIS AMENDMENT VIOLATED SEQRA By Silverberg Zalantis LLC
2006-05-19: Updated: 2017-07-03 18:26:54 Silverberg Zalantis LLC Successful in Defending SEQRA Determination By Silverberg Zalantis LLC
2006-05-12: Updated: 2017-07-03 18:39:19 Municipality Liable Under Contract for Construction Work By Silverberg Zalantis LLC
2006-05-06: Updated: 2006-05-06 12:02:03 Zoning Board May Not Use Public Safety As Sole Basis for Interpretation By Silverberg Zalantis LLC
2006-04-29: Updated: 2006-04-29 09:05:02 Changed Circumstances Warrant Area Variance Rehearing Before Zoning Board By Silverberg Zalantis LLC
2006-04-13: Updated: 2006-04-13 11:00:09 Court Finds New York City Towing Regulations Unconstitutional By Silverberg Zalantis LLC
2006-04-08: Updated: 2006-04-08 10:07:54 Court of Appeals Bars Attempt to Block Eminent Domain Action By Silverberg Zalantis LLC
2006-03-31: Updated: 2006-03-31 09:05:16 Mamaroneck to Appeal RLUIPA Decision By Silverberg Zalantis LLC
2006-03-25: Updated: 2006-03-25 11:00:06 Freedom of Information Law Continues to be an Issue in New York By Silverberg Zalantis LLC
2006-03-18: Updated: 2006-03-18 14:59:36 Court Rejects SEQRA Negative Declararion By Silverberg Zalantis LLC
2006-03-06: Updated: 2006-03-06 09:03:36 Summary of Westchester Day School RLUIPA Decision By Silverberg Zalantis LLC
2006-03-04: Updated: 2006-03-04 08:00:04 RLUIPA Applied in Westchester Day School Case By Silverberg Zalantis LLC
2006-02-27: Updated: 2006-02-27 09:07:12 New Impact Statement Requirements Go Into Effect This Week By Silverberg Zalantis LLC
2006-02-15: Updated: 2006-02-15 18:20:47 Court of Appeals Invalidates New York City Equal Benefits Law By Silverberg Zalantis LLC
2006-02-07: Updated: 2006-02-07 09:01:29 New Notice Requirements Under General Municipal Law By Silverberg Zalantis LLC
2006-01-30: Updated: 2017-07-03 18:38:00 What Will the Eminent Domain Law Look Like in New York? By Silverberg Zalantis LLC
2006-01-27: Updated: 2006-01-27 09:25:04 Property Rights Case Sent Back to District Court for Further Action By Silverberg Zalantis LLC
2006-01-16: Updated: 2017-07-03 14:26:53 Second Circuit Reverses Judgment for Denial of Wireless Telecommunications Tower By Silverberg Zalantis LLC
2006-01-09: Updated: 2006-01-09 09:04:15 Village of Suffern Sued Under RLUIPA By Silverberg Zalantis LLC
2006-01-02: Updated: 2006-01-02 09:01:58 Appellate Division Decides Trilogy of New Rochelle Zoning Challenges By Silverberg Zalantis LLC
2005-12-19: Updated: 2005-12-19 09:06:53 Court of Appeals Remands Adult Zoning Case By Silverberg Zalantis LLC
2005-12-12: Updated: 2005-12-12 09:00:36 Eminent Domain Case Remanded to District Court on Notice Issue By Silverberg Zalantis LLC
2005-12-05: Updated: 2005-12-05 09:00:51 Jury Awards 1.6 Million for Rezoning of Property By Silverberg Zalantis LLC
2005-12-02: Updated: 2005-12-02 09:14:21 When Does RLUIPA Prevent Review of Land Use Applications? By Silverberg Zalantis LLC
2005-12-01: Updated: 2005-12-01 09:00:31 Bar Association Creates Task Force to Study Eminent Domain By Silverberg Zalantis LLC
2005-11-28: Updated: 2005-11-28 09:00:05 New York Law Requires Posting Environmental Impact Statements on the WEB By Silverberg Zalantis LLC
2005-11-17: Updated: 2005-11-17 09:00:09 New York Court Holds Meeting By Telephone Violates Law By Silverberg Zalantis LLC
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