New York Zoning And Municipal Law Blog

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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 • Real Estate & Property Law • States • New York • Solo / Small Firm

Recent Posts from New York Zoning and Municipal Law Blog

Rochester Curfew Law Unconstitutional
The New York Court of Appeals declared a law adopted by the City of Rochester fixing a curfew on minors unconstitutional. In Jiovon Anonymous v. City of Rochester the Court held "we conclude that the…
Courts Continue to Defer to Zoning Boards
In another in a long line of cases, last week the Appellate Division again deferred to the decision of a zoning board which had denied an area variance. In DiPaolo v Zoning Board of Appeals…
Appellate Court Discounts Procedural Missteps by Planning Board in Granting Site Plan Approval
In a case involving a challenge to site plan approval for a Wal-Mart, the Appellate Division Fourth Department found a number of challenges to procedural/technical oversights by the planning board to be insufficient to cause…
Denial of A Permit Cannot Be Based Upon Community Pressure Rather Than Expert Opinion
A court reversed the denial of a wetlands permit based upon the conclusion that the Town Board “succumbed to community pressure.” In Matter of Moy v. Board of Trustees of Town of Southhold, the Appellate…
Acquiescence to Nonconforming Use Does not Render It Legal
The Appellate Division Second Department upheld the determination of a zoning board finding that maintaining a “hospice” for terminally ill animals in a home over a period of years was neither a customary accessory use…
Town May Purchase Property for Town Hall Which Exceeds Present Needs
In Matter of Potter v. Town Board of Aurora, the Appellate Division Fourth Department upheld a resolution by the Town Board, after completing a SEQRA negative declaration, to purchase and renovate a building for a…
Vacancy Rate Is An Appropriate Criteria In Determining To Issue A Use Variance
In Matter of O’Connell Machinery Co., Inc v. City of Buffalo Zoning Board of Appeals, the court affirmed the granting of a use variance based upon the high vacancy rate of the property. The Appellate…
No Vested Rights In Nonconforming Sand and Gravel Mine
In a Fourth Department case we think is worthy of noting, but missed earlier, the Plaintiff claimed that the operation of a sand and gravel mining operation on its 216 acre property was a legal…
The Lead Agency Has Discretion to Require A Supplemental Environmental Impact Statement
In Matter of Oyster Bay Associates Limited Partnership v. Town Board of Town of Oyster Bay the Second Department upheld the denial of a special permit. This case has a seven year litigation history with…
Road Improvement Serving Primarily Commercial Vehicles Does not Defeat Eminent Domain
The Appellate Division held that taking of private property by eminent domain fulfilled a public purpose even though the taking primarily benefited commercial traffic. In the Matter of 225 Front Street, Ltd. v. City of…