Blogs about: Current Caselaw New York
Site Plan Review and Environmental Impact Determination Upheld
Patty Salkin wrote 19 hours ago: Reiterating that planning boards are not authorized to interpret provisions of local zoning laws, an … more →
Federal District Court Dismisses Substantive Due Process and Equal Protection Claims
Patty Salkin wrote 1 day ago: The Rustons own 27 acres of property in the Town of Skaneateles which they have been trying to subdi … more →
Parking, Zoning, Easement Disagreement Between Adjacent Houses of Worship
Patty Salkin wrote 2 days ago: Best described as a property dispute between two houses of worship, with the plaintiff congregation … more →
NY Court of Appeals Opens Door to Standing for Environmental Review Challenges
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Patty Salkin wrote 5 days ago: In a victory for those who have long believed that the New York Court of Appeals needed to open the … more →
Town Board’s Failure to Follow Annexation Procedure Does Not Result in Default Approval nor an Annexation by Operation of Law
Patty Salkin wrote 4 weeks ago: The owners of a 45-acre undeveloped parcel in the Town of Parma, located adjacent to the Village of … more →
State Appeals Court Finds No RLUIPA Violation Where Zoning Board Prohibits Halfway House in Single Family Residential District
Patty Salkin wrote 1 month ago: The Brotherhood of St. Joseph, a religious order, purchased property in an R-1 residential district … more →
Deceitful Conduct by an Applicant May be Considered by Zoning Board of Appeals When Weighing a Variance Application
Patty Salkin wrote 1 month ago: A New York appellate court was asked to consider the novel question of whether ongoing and deceitful … more →
Plaintiff Makes Case for Selective Enforcement and Violation of Equal Protection Claim to Proceed
Patty Salkin wrote 1 month ago: The Plaintiff, Sonne, owns a three-story building in the Village zoned for commercial, and she plann … more →
Area Variance Denial for Above-Ground Swimming Pool Upheld
Patty Salkin wrote 1 month ago: Prior to December 12, 2006, the Town Zoning Code allowed for above ground pools on lots of 12,000 sq … more →
Town Violated Telecommunications Act (TCA) and District Court Holds that Gap in Service Requires a Provider-Based Inquiry
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Patty Salkin wrote 1 month ago: In 2005 the Town of Ramapo enacted a moratorium on wireless facilities in the Town for the purpose o … more →
Village May Enforce Its Own Building Regulations Against OTB
Patty Salkin wrote 1 month ago: In reversing a decision below, an appeals court in New York held that a village has authority to iss … more →
Variance Denial Upheld and Court Finds Denial Does Not Constitute a Taking
Patty Salkin wrote 1 month ago: The county planning commission agreed to allow Gesner to subdivide his property into two parcels – o … more →
Decision to Grant Variance after Construction Largely Completed Upheld
Patty Salkin wrote 1 month ago: Pursuant to a building permit, the owner of the subject property had largely completed an addition t … more →
Zoning Board Has Jurisdiction to Review Determination of Building Inspector
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Patty Salkin wrote 1 month ago: After receiving a building permit, the petitioners began construction of a house on their property, … more →
Town Violated Telecommunications Act In Failure to Allow Provider to Fill Gap in Service
Patty Salkin wrote 2 months ago: In 2002, Nextel (an Omnipoint/T-Mobile competitor) commenced litigation against the Town of LaGrange … more →
Second Circuit Rules Public Nuisance Law May Be Used to Sue for Injuries from Global Warming
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Patty Salkin wrote 2 months ago: The Court of Appeals for the Second Circuit ruled today that “public nuisance” law can be used to su … more →
Revocation of Certificate of Compliance Requires Procedural Due Process
Patty Salkin wrote 2 months ago: In 2004, the plaintiff purchased land containing an auto repair facility and parking garage located … more →
Board’s Denial of Request to Restore Residence and Garage Arbitrary and Capricious
Patty Salkin wrote 2 months ago: An appeals court held that the denial by the zoning board of appeals of petitioner’s application to … more →
Failure to Comply with Statute of Limitations Results in Dismissal of Mandamus Act
Patty Salkin wrote 2 months ago: The Petitioner brought a mandamus action to compel the zoning board of appeals to hear an appeal fro … more →
