Blogs about: Current Caselaw New York
With Variance Request Zoning Board May Consider Evidence of Conformity of Nearby Residences
Patty Salkin wrote 3 days ago: In upholding the denial of area variances in connection with a proposed subdivision, the appellate c … more »
Size Does Not Determine Whether Use is Accessory Where Zoning Ordinance Does Not Limit Square Footage
Patty Salkin wrote 1 week ago: Following a moratoria and protracted litigation over the proposed construction of 31 seasonal reside … more »
NY Appellate Court Decision a Reminder to Planners to Consider Special Needs for Terrorist Sensitive Facilities
Patty Salkin wrote 2 weeks ago: In a unanimous decision, a New York Appellate Court upheld a jury’s finding that the Port Authorit … more »
Property Owner who Lobbied for Zoning that Would Permit his Proposed Use But Did Not Apply for Approval is Not an “Applicant or Permittee” for Purposes of Anti-SLAPP Law
Patty Salkin wrote 3 weeks ago: Hariri, an attorney and purchaser of the former Grumman Airfield in Riverhead, planned to use it to … more »
Variances Must Be Decided Based Upon Statutory Factors and Not Upon Who Owns the Property for a Particular Time Period
Patty Salkin wrote 3 weeks ago: The zoning board’s denial of petitioner’s area variance application to enable her to maintain th … more »
Town Acted Appropriately in Land Use Actions That Resulted in Denial of Wal-Mart’s Application for Supercenter
Patty Salkin wrote 3 weeks ago: The petitioner-owners of certain real property that was the subject of an application to the Town by … more »
Where State Statute Does Not Require Board to Make Factual Findings it was an Error for the Trial Court to So Mandate
Patty Salkin wrote 4 weeks ago: The petitioner simultaneously applied to the local legislative body for a rezoning of a portion of i … more »
Challenge to Construction of Home Close to Shoreline Time-Barred
Patty Salkin wrote 1 month ago: The petitioners, owners of property adjacent to the lakefront property owned by respondents, the iss … more »
Interpretation of Whether the Use of Property for “Bottled Water and Related Uses” Includes the Use of Water for Filling Swimming Pools Rests with the ZBA
Patty Salkin wrote 1 month ago: Following the approval by the planning board of a site plan and special use permit allowing for the … more »
Petitioner Lacks Standing Where Alleged Injuries Result from Lack of Proactive Town Action That Could Increase the Value of Petitioner’s Property
Patty Salkin wrote 1 month ago: Standing to challenge decisions of planning and zoning boards and local legislative bodies can be a … more »
Planning Board Powerless to Deny Subdivision Based on Lot Size After ZBA Extended Variance
Patty Salkin wrote 1 month ago: Following the purchase of a 32,000 square foot parcel of property, the petitioner sought and obtaine … more »
Constitutionality of Adult Use Ordinance Upheld as District Court Finds Alternative Avenues of Communication Exist
Patty Salkin wrote 1 month ago: In 1994 the Town of Smithtown enacted an adult use ordinance limiting the location of these uses to … more »
District Court Certifies FHA Disparate Impact Issue to Second Circuit Court of Appeals
Patty Salkin wrote 1 month ago: This year marks the 40th anniversary of the Fair Housing Act (FHA) (see http://www.hud.gov/offices/f … more »
Town Has Legal Authority and Standing To Challenge Granting of Mining Permit by State DEC
Patty Salkin wrote 1 month ago: Following a denial of the Town’s request to the State Department of Environmental Conservation (DE … more »
In Annexation Effort Senior Housing Outweighed the Public Interest in Tax Ratables
Patty Salkin wrote 1 month ago: In some states, as part of the process to annex territory, the annexing municipality must prove that … more »
Mere Existence of a Zoning Ordinance Does Not Create a Special Relationship with Residents
Patty Salkin wrote 2 months ago: Upset with the construction on a neighboring lot, the plaintiff filed a lawsuit against the Village, … more »
NY Appellate Court Dismisses Petition for Failure to Exhaust Administrative Remedies
Patty Salkin wrote 2 months ago: Where petitioners, adjacent property owners, sought to direct the Town zoning officer to revoke a bu … more »
Applying Town’s Definition of Family, Prosecutors Failed to Carry Their Burden of Proof that Girlfriend, Her Son and Two Veteran Friends Were Not Defendant’s Non Traditional Family
Patty Salkin wrote 2 months ago: In this New York case, a single family residential use was permitted in the zoning district, but a r … more »
NY Appellate Court Says Failure to Name Applicant in a Lawsuit Challenging Granted Use Variance was Fatal
Patty Salkin wrote 2 months ago: In protracted litigation following the granting of a use variance by the NYC Board of Standards and … more »
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Medley
