New York Law Journal | Expert Opinion
By Anthony S. Guardino | July 26, 2022
A 345-year-old colonial patent and a 140-year-old New York law may be useful for determining the rights of the state and local governments in specific waters off the North Shore of Long Island.
New York Law Journal | Expert Opinion
By Scott Mollen | June 28, 2022
Scott Mollen discusses "Arntzen v. NYC," where the court held that New York City must complete an environmental impact review on outdoor seating, and "The Bank of NY Mellon v. Luria," where the court challenged a recent Second Department decision on RPAPL §1304
New York Law Journal | Analysis
By Michael Rikon, CRE | June 27, 2022
In any trial to determine the value of real property, whether it be an eminent domain taking, or an application to reduce assessed taxes, a recent sale of the parcel will be extremely relevant.
New York Law Journal | Analysis
By Anthony S. Guardino | May 24, 2022
Local governments in New York and across the country will not have to amend their sign ordinances now, following a rare land use-related decision by the U.S. Supreme Court.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | April 26, 2022
A discussion of the Treasury Department's 2021 regulations regarding qualified opportunity funds which "provide a significant benefit to taxpayers who purchased property in qualified opportunity zones prior to 2018." The authors warn, however, that there are "several pitfalls that must be avoided."
New York Law Journal | Expert Opinion
By Anthony S. Guardino | March 22, 2022
The New York Court of Appeals has agreed to hear a case involving a decades-old sand mine on Long Island and a town's ability to block the mine's continuing operation.
By Dan Roe | March 21, 2022
Capell Barnett Matalon & Schoenfeld expanded to Miami as New York State pursues tax revenue from former residents and churches use real estate deals to offset dwindling congregations.
New York Law Journal | Analysis
By Michael Rikon | February 18, 2022
In his Condemnation and Tax Certiorari column, Michael Rikon discusses the recent Fourth Department decision, 'West Gates CIP v. State of New York', where the court affirmed an award in a partial taking which only awarded direct damages, and stated: "Where, as here, claimant contends that the highest and best use of the property is something other than its current or existing use, it must be shown 'that there is a reasonable probability that its asserted use could or would have been made within the reasonably near future.'"
New York Law Journal | Expert Opinion
By Scott Mollen | January 25, 2022
Scott Mollen discusses 'Lincoln St. Mezz II LLC v. One Lincoln Mezz 2,' and 'Liberty Square Realty Corp. v. The Doe Fund Inc.'
New York Law Journal | Expert Opinion
By Anthony S. Guardino | January 25, 2022
New York law prohibits local boards with jurisdiction over special use permits from waiving or modifying their criteria. A decision by the New York Court of Appeals, however, provides a subtle, and often quite useful, way of circumventing that limitation.
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