New York Zoning and Municipal Law Blog: Real Estate & Property Law

Home -> Law Blog Directory -> Real Estate & Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Real Estate & Property Law

New York Zoning and Municipal Law Blog

Articles on recent New York cases and statutes related to zoning, land use, SEQRA, RLUIPA, eminent domain, regulatory takings and other municipal law topics.
By Steven Silverberg and Katherine Zalantis

Post Frequency: 0.3/day

Last Entry: March 14, 2011 at 11:49:33

Court Upholds Denial of Area Variance Due to Self Created Hardship

Posted on March 19, 2009
In a somewhat unusual decision the Appellate Division, in Matter of Tsunis v. Zoning Board of Appeals of Incorporated Village of Poquott upheld the denial of an area variance citing the zoning board's finding of self-created hardship. While self created hardship is one of the statutory criteria a zoning board must use in weighing whether to grant an area variance, Village Law also provides at section 7-712-b (3)(b)(5) that in considering self created hardship such "consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance...

Oral Agreement With Mayor Is Not Binding On Village

Posted on March 17, 2009
In an action to collect additional benefits based upon an oral agreement with the former Mayor of the Village of Malverne the Appellate Division reversed a jury finding that a contract existed. In Garrigan v. Incorporated Village of Malverne the court held : "such contract was insufficient to support the plaintiff's claims since, absent a resolution from the Village Board reducing the oral contract to writing, the Village cannot be bound...

New York Court Upholds SEQRA Findings Related to Climate Change

Posted on March 02, 2009

Property Owners Within the Modified Zoning District Have Standing to Challenge Amendment

Posted on March 02, 2009

To access this complete feed in the blog feed reader login or register for free.

Zoning Board Determination of Preexisiting Nonconfroming Use Upheld

Posted on February 28, 2009

Atlantic Yards Condemnation Litigation Continues

Posted on February 27, 2009

Challenge to a Local Law Requiring Discontinuance of a Nonconforming Use

Posted on February 07, 2009
In denying summary judgment to a property owner who challenged the amortization period during which a non-conforming use must be discontinued under a local law, the court held the property owner failed to demonstrate the law is invalid on its face. In the Matter of Suffolk Asphalt Supply, Inc...

Appellate Court Summarizes Rules for Area Variances

Posted on January 26, 2009
The appellate division issued a decision last week which provides a concise summary of the various issues confronted by a zoning board of appeals in deciding area variances. In Matter of Millennium Custom Homes v. Young, the court upheld the zoning board of appeals noting that the decision was rational and supported by evidence in the record...

Zoning Board?s Quasi-Judicial Administrative Decision is Subject to Res Judicata Dismissal

Posted on January 05, 2009
The appellate division dismissed a challenge to the continuation of a condition to a variance on the grounds that the challenge is barred by the doctrine of res judicata. In Matter of Calapai v. Zoning Board of Appeals of the Village of Babylon, the court held that a variance conditioned upon the removal of the building modifications in the event of a change of circumstances was a condition which could have been challenged when the variance was granted in 2000...

Town Zoning Ordinance Voided

Posted on December 29, 2008
A town zoning ordinance, which established the specific number of residences and the form of ownership of the residences, as well as the size and ownership of recreational facilities for a specific property, was voided by the appellate division in Matter of BLF Associates LLC v Town of Hempstead...

Court Reiterates Authority of Zoning Board to Interpret Local Zoning Code

Posted on December 08, 2008
A local zoning board?s interpretation of the application of a zoning ordinance provision to a particular property shall be upheld unless that interpretation is ?unreasonable or irrational.? In Kennedy v. Zoning Board of Appeals of the Village of Patchogue, the appellate division reiterated this rule while upholding the zoning board?s application of a specific provision of the zoning code to the property in question...

SEQRA Does Not Preclude a Revote on a Findings Statement

Posted on November 30, 2008
When a findings statement fails to pass, SEQRA does not preclude a reconsideration of the exact same findings statement at a later date. In the Matter of East End Property Company #1 LLC v. Town Board of the Town of Brookhaven, the Appellate Division found that there was nothing in the SEQRA regulations which precluded such reconsideration...

Planning Board May Require Recreation Fee at Time of Final Subdivision Approval

Posted on September 12, 2008
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 Matter of Davies Farms LLC v. Planning Board of the Town of Clarkstown, the Appellate Division Second Department found that Town Law sections 276 and 277 do not preclude a determination at the time of final subdivision approval that such a fee should be paid, even though there was no determination of recreational need at the time of preliminary subdivision approval...

Legislature Modifies the Rules Governing Adverse Possession

Posted on September 08, 2008
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 years which added further confusion to an already complex legal concept, the Legislature obviously felt it was time to try to add some clarity to this evolving area of the law...

New York Legislature Clarifies Availability of Electronic Media Through FOIL

Posted on August 06, 2008
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 July 7, 2008, the Legislature expanded FOIL to include electronic data that must be complied by government agencies...

Court Holds Communications from Consultant Not Exempt from FOIL

Posted on July 28, 2008
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 from release under FOIL as intra-agency communications...

Zoning Variance May Not Be Limited To The Term of Ownership of the Applicant

Posted on June 22, 2008
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 have been limited in time to the term of ownership of the present applicant...

A Complete Record is the Key in Zoning Board Applications

Posted on June 15, 2008
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 v Incorporated Village of Kings Point, the building inspector had determined that the lot in question had the required lot area but lacked sufficient lot width and lot frontage...

Allowing Hot Mix Asphalt Plant as Special Use is Not Spot Zoning

Posted on June 07, 2008
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. In the case, Matter of Little Joseph Realty, Inc. v Town Board of the Town of Babylon, the court found the amendment was not enacted to benefit a single owner for a specific purpose only...

Belated March Madness-SEQRA and Zoning Cases from March, 2008

Posted on May 13, 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 some of the cases decided by New York appellate courts during March of 2008, in case you missed them also...

Municipal Home Rule Permits Creation of Position of Police Commissioner

Posted on May 12, 2008
The Appellate Division Second Department held in the case Overton v. Town of Southampton that a town board is authorized to create the position of police commissioner as chief administrative officer of the police department by local law. The court determined that the local law creating the position of police commissioner was not barred by the Civil Service Law provision requiring that a town maintain the position of chief of police...

When Is a Water District Not a Municipality?

Posted on May 11, 2008
The Court of Appeals held, for purposes of allocating costs of New York?s ?one-call? system for locating underground pipes, cables wires etc. before excavating, a water district created by Town Law is not a municipality. In Jericho Water District v. One Call Users Council, Inc...

A SEQRA Review Is Not Required To Deny An Application

Posted on April 19, 2008
Occasionally, early in the process of reviewing an application, everyone on the municipal board knows that an application is not likely to be granted. Then the question occurs, do we have to require that the applicant go through a full environmental review under SEQRA before we turn down the application? This is a practical question as an environmental review can be time consuming and incredibly expensive for an applicant...

Article by Silverberg Featured in New York Real Estate Law Reporter

Posted on March 08, 2008
An article entitled " 'Atlantic Yards' Condemnation Upheld," written by Steven Silverberg, founding partner of Silverberg Zalantis LLP, is featured in the March, 2008 ALM Law Journal Newsletter, New York Real Estate Law Reporter. The article discusses the recent decision by the Second Circuit Court of Appeals to dismiss the challenge by several property owners to the condemnation of their properties in order to construct a huge private development in downtown Brooklyn, New York...

Conditions on Zoning Variance Must Be Reasonable

Posted on February 26, 2008
The Appellate Division, Second Department rejected as unreasonable a condition on an area variance that a parking lot be chained at night to prevent overnight parking. In Matter of Voetsch v. Craven the petitioner sought area variances for a parking lot adjacent to a professional office...

Courts Must Apply a Zoning Law as Amended Following Submission of an Application

Posted on February 24, 2008
In upholding the rejection of a draft environmental impact statement submitted pursuant to SEQRA, the appellate division reiterated the long standing rule that when a zoning law is amended, after submission of an application and before a decision, the courts must apply the new law and there is no vested right in development under the old law...

Court Rules Municipal Annexation Requires Special Election

Posted on February 17, 2008
The New York Court of Appeals ruled this week, in a case involving a contested annexation of land by one municipality from another that an informal petition by the residents of the area to be annexed was inadequate. In Matter of the City of Utica v. Town of Frankfort the Court found that the practice of the appellate divisions of waiving special elections in certain instances violated the clear mandate of Article IX � 1 (d) of the New York State Constitution which provides that annexation may not take place "until the people, if any, of the territory proposed to be annexed shall have consented thereto by majority vote on a referendum...

Second Circuit Affirms Dismissal of Challenge to ?Atlantic Yards? Condemnation

Posted on February 02, 2008
The Second Circuit Court of Appeals upheld dismissal of the challenge to condemnation of private property for the Atlantic Yards Project in Brooklyn stating in the case Goldstein v. Pataki, decided on February 1, 2008: ??eminent domain has its costs, it has its benefits, and in all but the most extreme cases, Supreme Court precedent requires us to leave questions of how to balance the two to the elected representatives of government, notwithstanding the hardships felt by those whose property is slated for condemnation...

Westchester Creates New Municipal Planning Tool

Posted on January 18, 2008
The Westchester County Planning Department has posted a new Web Page which it hopes will be a planning tool for local communities and assist in regional planning. The site states: "[w]hether you are a planner or a concerned resident, you will find tools on these web pages that assist in understanding your community, defining its character and envisioning the future...

Village Settles RLUIPA Case With Westchester Day School

Posted on January 15, 2008
After a five year struggle in the Courts, the Village of Mamaroneck settled the RLUIPA claim of the Westchester Day School by agreeing to pay 4.75 million dollars in three installments. After the Village lost in the Second Circuit Court of Appeals this law firm was brought in to handle the case and evaluate the claim by the Day School for an estimated 22 million dollars in damages, including over three million dollars in attorneys fees...

Previous | Next

Related Law Bulletins

No litmus test for local need; Even if a municipality reaches its 10% minimum affordable housing under Chapter 40B, a housing project may still be consistent with a local need and avoid local zoning.
The Supreme Judicial Court found that the Town of Amherst appropri...

Claim for Concealment of Value of Marital Assets Dismissed in New York
Once a divorce case is settled, parties often experience “buyer�...

Pre-Nuptial Agreements: New York Tolls the Statute of Limitations
The New York legislature has passed a law that clears up what had ...

Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?
I was in the emergency room with my son one evening, and the emerg...

Another Fatal Accident on the New York Bronx River Parkway
November 2007 has been a treacherous month on the Bronx River Park...