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NY Appellate Court Upholds One Special Exception but Voids Another as Well as Use Variance
Following the granting of special exceptions and use variances for an application for an autobody business located on a split-zoned parcel, which allowed it to add an addition to the existing premises… more →
LAW OF THE LAND
NY Appellate Court Upholds One Special Exception but Voids Another as Well as Use Variance
wrote 1 month ago: Following the granting of special exceptions and use variances for an application for an autobody bu … more →
NY Appellate Court Upholds Zoning Board Determination that Racing Pigeons and a Coop For 40 Pigeons Are Not an Accessory Use
wrote 1 month ago: The Village zoning board of appeals determined that the petitioners proposed use of a coop in his ba … more →
NY Appellate Court Upholds Denial of Area Variances and Board’s Interpretation of Ordinance
wrote 1 month ago: Since zoning boards have broad discretion in considering requests for area variances, where the rele … more →
NY Appellate Court Upholds ZBA Determination that Deck for Outside Dining Was Incidental to Marina Use
wrote 1 month ago: The Town of Hempstead challenged a determination of its zoning board of appeals which granted a spec … more →
2nd Cir. Court of Appeals Find No Underlying Property Interest in Certificate of Occupancy Due to Discretion to Withhold the CO Pending Violation on the Property
wrote 1 month ago: CCS.com USA, Inc. (“CCS”) appealed from an award of summary judgment in favor of the Town of Brookha … more →
NY Appellate Court Remands Alleged Malpractice Case on Zoning Advice to Determine Causation
wrote 1 month ago: Arbor Realty Funding, LLC (“Arbor”) brought a legal malpractice action against its former attorneys … more →
NY Appellate Court Finds Claim of Lack of Consistency Time-Barred but Site Plan Review Challenge was not Barred
wrote 1 month ago: The Maddalonis’ own residential property in the Village of Head of the Harbor (“Village”) adjacent t … more →
NY Appellate Court Upholds ZBA Determination that Mulching Business Was Not a Permitted Use in Schools and Cemeteries Zone
wrote 1 month ago: Oakwood Property Management, LLC (“Oakwood”) operates a landscaping business in the Town of Brunswic … more →
NY Federal Dist. Court Finds Ongoing State Criminal Prosecution for Zoning Violation Requires Abstention from Ruling on Federal 1983 Selective Enforcement Claim
wrote 1 month ago: Darren and Marlene Thomas, individuals of African American and Puerto Rican descent, respectively, p … more →
NY Court of Appeals Invalidates Local Law Prohibiting Check Cashing Establishments Avoiding Preemption Challenge
wrote 2 months ago: In January 2006, the Town of Hempstead passed an ordinance prohibiting check cashing establishments … more →
Fed. Dist. Court in NY Dismisses Pawn Shop Owners Claims of Due Process and Equal Protection Violations on Ripeness Grounds
wrote 3 months ago: The plaintiff, Quick Cash of Westchester Ave. LLC (“Quick Cash”) operated nineteen collateral loan b … more →
NY Appellate Court Annuls Conditions Attached to Farm Stand Permit
wrote 4 months ago: The owner of a Christmas tree farm applied for and was granted a permit, subject to conditions, to c … more →
Fed. Dist. Ct. in NY Dismisses Substantive Due Process and First Amendment Claims Finding No Vested Right or Property Interest
wrote 4 months ago: A dispute arose when the Panettas purchased real property and needed to install a drainage system to … more →
New York Appellate Court Finds No Standing to Challenge Zoning Amendment and Regardless Such Amendment Did Not Constitute Spot Zoning Nor a Taking
wrote 4 months ago: Petitioners are owners of an assisted care facility challenge an amendment to a local zoning ordinan … more →
NY Appellate Court Holds Threat of Increased Business Competition Does Not Confer Standing
wrote 4 months ago: Petitioners appealed from a judgment and order that dismissed their complaint challenging various zo … more →
NY Appellate Court Reverses Board’s Denial of Special Permit for Church Finding Board Offered No Reasonable Alternatives to Demonstrate Flexibility in Compliance
wrote 4 months ago: The Town of Hempstead Zoning Board of Appeals denied the Tabernacle of Victory Pentecostal Church’s … more →
NY Appellate Court Upholds Denial of Permit Renewal Issued More than 30 Months Earlier
wrote 4 months ago: Petitioner sought and was denied renewal of a building permit in 2009 that had initially been issued … more →
NY Appellate Court Upholds Denial of Area Variance for Two-Family Dwelling Despite 12 Homes Existing on Unofficial Road
wrote 4 months ago: Petitioners applied for a building permit to construct a two-family dwelling on two adjacent lots. … more →
Fed. Dist. Court in NY Finds Federal Due Process and Takings Claims Are Not Ripe Absent Final Agency Action
wrote 4 months ago: Despite the fact that the federal district court found plaintiffs’ allegations troubling, given that … more →
