New York Zoning and Municipal Law Blog
Discussion of recent cases and statutes relating to zoning, land use, SEQRA, RLUIPA and other municipal law issues.
Author: Steven Silverberg and Katherine Zalantis practice at Silverberg Zalantis in White Plains, N.Y.
Blawg Related Categories: Administrative Law • Environmental Law • Real Estate & Property Law • States • New York • Solo / Small Firm
Recent Posts from New York Zoning and Municipal Law Blog
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Planning Board May Require Recreation Fee at Time of Final Subdivision Approval
A Planning Board is not required to make a determination regarding a fee in lieu of parkland at the time of preliminary subdivision approval but may wait until it grants final subdivision approval. In the…
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An Invalid Permit Cannot Confer Vested Rights
Reiterating that “vested rights cannot be acquired in reliance upon an invalid permit” the Appellate Division of the First Department upheld a determination of the New York City Board of Standards and Appeals (“BSA”) in…
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Legislature Modifies the Rules Governing Adverse Possession
In July, 2008 the rules governing Adverse Possession in New York were modified by Chapter 269 of the Laws of 2008. As a result of a number of judicial decisions over the last several…
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New York Legislature Clarifies Availability of Electronic Media Through FOIL
The Legislature has clarified a long contentious issue over the availability of electronic media under the New York Freedom of Information Law (FOIL). In Chapter 223 of the 2008 legislative session, which became law on…
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Variance May Not Be Conditioned Upon Term of Ownership of Current Owner
In a recent decision by the Appellate Division Second Department that Court again reminded litigants that variances run with the land and zoning boards can only place conditions on variances that relate to the property…
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Court Holds Communications from Consultant Not Exempt from FOIL
In a detailed analysis of New York’s Freedom of Information Law (FOIL) the Appellate Division First Department held that certain communications from a consultant hired by the Empire State Development Corporation (ESDC) were not exempt…
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Zoning Variance May Not Be Limited To The Term of Ownership of the Applicant
In upholding the decision of a zoning board denying an area variance, the Appellate Division in Fowlkes v Board of Zoning Appeals of the Town of North Hempstead noted that the variance could not…
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A Complete Record is the Key in Zoning Board Applications
This week the Appellate Division, Second Department reiterated the application of the doctrine of exhaustion of administrative remedies and the importance of a clear record in the proceedings of zoning boards. In Matter of Kaufman…
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Allowing Hot Mix Asphalt Plant as Special Use is Not Spot Zoning
A zoning amendment which permitted hot mix asphalt facilities as a special use in all industrial districts in the Town of Babylon was held not to be spot zoning by the Appellate Division this week.…
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Belated March Madness-SEQRA and Zoning Cases from March, 2008
Due to a busy litigation schedule, we fell short in reporting a number of SEQRA and zoning cases that came down during March of 2008. So we thought we would provide a brief summary of…