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

Civil Rights Action Barred When Article 78 Proceeding Provides Adequate Remedy

Posted on January 08, 2008
An action under 42 USC §1983 may not be maintained when the plaintiff had other meaningful remedies. The Appellate Division, Third Department affirmed the lower court?s granting of summary judgment to the defendants in Hughes Village Restaurant, Inc...

Agency Has the Burden of Proving Exemption for FOIL Request

Posted on January 07, 2008
The New York Court of Appeals held that the Freedom of Information Law carries the presumption of access to records. In reversing the holding of the Appellate Division and remitting the matter for a factual determination, the Court held in Matter of Data Tree, LLC v...

Denial of Area Variance Due to Community Pressure Reversed

Posted on January 06, 2008
Finding that a zoning board had ?improperly succumbed to community pressure,? the Appellate Division, Second Department affirmed the lower court?s reversal of the denial of an area variance. In the case of Schumacher v. Town of East Hampton Zoning Board of Appeals, the Court noted the limited nature of judicial review of zoning board decisions but found that the zoning board?s actions were arbitrary...

Steven Silverberg Interviewed Concerning RLUIPA

Posted on December 17, 2007
Our partner, Steven Silverberg was quoted extensively today in a Westchester Business Journal Article concerning the Religious Land Use and Institutionalized Persons Act (RLUIPA) which can be read at http://www.westchestercountybusiness.com/archive/121707/1217070004...

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

Site Plan Application Annulled Due to Prejudging By Planning Board Members

Posted on November 21, 2007
The Appellate Division Fourth Department reversed the granting of a site plan approval where it found that three planning board members had ?impermissibly prejudged? an application. In Schweichler v. Village of Caledonia the court dismissed claims of improper spot zoning and violations of SEQRA but remitted the site plan application for further review by the planning board stating ?the appearance of bias and actual bias in this case require annulment of the Planning Board?s site plan approval...

City Attorney May Extend Time to Act Under Variance Without Zoning Board Action

Posted on November 19, 2007
The New York Court of Appeals held today in Haberman v. Zoning Board of Appeals of the City of Long Beach that the attorney representing the zoning board may extend the time to commence construction under the terms of a variance without action by the zoning board...

Open Space Restriction on Subdivision Plat Binds Future Property Owners

Posted on November 15, 2007
In a case of first impression, the New York Court of Appeals ruled today that an open space restriction which appears solely on a subdivision map but is not otherwise recorded in land records is binding upon subsequent purchasers of the property. In O?Mara v...

Second Circuit Rules RLUIPA Applies to Westchester Day School

Posted on October 17, 2007
In a significant decision regarding the application and interpretation of the Religious Land Use and Institutionalized Persons Act (RLUIPA) the Second Circuit Court of Appeals today affirmed the Southern District (Connor, J.) in finding that the Zoning Board of Appeals of the Village of Mamaroneck violated RLUIPA by denying a special permit to the Westchester Day School (see our March 6, 2006 Blog on the earlier decision)...

Resolution Approving Consideration of Cluster Development Is Not Subject to Challenge

Posted on October 13, 2007
The appellate division dismissed a challenge to a town board resolution authorizing consideration of a cluster development in the case of Maor v. Town of Ramapo Planning Board, finding it was not a ?final determination? subject to review. Toll Brothers had applied to the planning board for a subdivision and submitted a conventional subdivision plat of 51 lots...

Local Law Annulled Due to Improper Segmentation of SEQRA Review

Posted on August 26, 2007
The failure to analyze the environmental impacts of a sewerage diversion plan formed the basis for the Appellate Division Second Department voiding a zoning amendment in Matter of ACI Shore Rd., LLC v. Incorporated Village of Great Neck. The Village of Great Neck had proposed a zoning amendment to implement a residential Waterfront Development District in an area which had previously been an industrial zone...

Appellate Court Holds Adjoining Municipalities May Sue Under SEQRA To Protect Community Character

Posted on August 19, 2007
In a comprehensive review of the capacity and standing of one municipality to sue another over local zoning, the Appellate Division, Second Department, in Matter of Village of Chestnut Ridge v. Town of Ramapo, held that villages have the capacity to sue a town over a local law enacting a zoning amendment...

Thirty Year Old Site Plan Approval Does Not Create Vested Rights

Posted on July 28, 2007
The Appellate Division found that a site plan approval obtained in the early 1970?s did not create a vested right in the zoning that was subsequently amended, even though 204 of the 330 approved units were constructed and funds were expended on infrastructure that would have served the second phase of development...

Appellate Court Rules Use of Eminent Domain Improper

Posted on June 23, 2007
In what the Appellate Division, Second Department called a case of first impression, the court has ruled an attempt by the Village of Haverstraw to acquire a property by condemnation for affordable housing violated the Eminent Domain Procedure Law. In the case 49 WB, LLC v...

Second Circuit Rejects Section 1983 Property Rights Claim

Posted on April 16, 2007
The Second Circuit Court of Appeals overturned a decision by the district court that found a property owner was not bound by a restriction contained in an old subdivision and that the Town had violated the property owners? rights by refusing to issue a certificate of occupancy for a house on the property (O?Mara v Town of Wappinger)...

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 “buyerï¿½...

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...