New York Law Journal | Analysis
By Neil Weisbard | January 5, 2023
The Zoning Resolution regulates the amount of floor area (a.k.a., "development rights") that can be developed on such individual zoning lot by multiplying the lot area of the zoning lot, times the maximum permitted floor area ratio (FAR) for the zoning district underlying the zoning lot.
New York Law Journal | Expert Opinion
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | November 22, 2022
Recent opinions by the Advisory Committee on Judicial Ethics shed light on when judges must, or need not, recuse themselves in matters directly or indirectly involving zoning and land use issues.
New York Law Journal | Analysis
By Neil Weisbard | November 15, 2022
The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it.
By Scott Mollen | November 1, 2022
In this week's Realty Law Digest column, Scott Mollen discusses "Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake," where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and "Gunsalus v. County Of Ontario," where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.
New York Law Journal | Expert Opinion
By Scott Mollen | October 25, 2022
This week in his Realty Law Digest column, Scott Mollen discusses "Haimovici v. Castle Vil. Owners Corp.," a lease termination action where records of the tenant's misconduct precluded a preliminary injunction, and "Application of Voice of Gowanus v. City of New York," where a challenge to Gowanus rezoning was dismissed due to a failure to show that the environmental review was capricious.
New York Law Journal | Analysis
By Michael Rikon | October 24, 2022
The Supreme Court, in 'Sackett v. U.S. Environmental Protection Agency', will decide on whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act.
New York Law Journal | Expert Opinion
By Scott Mollen | September 20, 2022
Scott Mollen discusses the land use case "South St. Seaport Coalition v. City of New York," where the court denied a petition challenging development in a historic district.
New York Law Journal | Expert Opinion
By Scott Mollen | September 6, 2022
Scott Mollen discusses the land use case, "301 E. 66th Condominium Corp. v. City of New York," and a foreclosure action, "Majestic Holdings v. Wilmington Sav. Fund Socy."
New York Law Journal | Analysis
By Michael Rikon | August 22, 2022
Eminent domain directed at property used for a religious purpose has certain constitutional issues.
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