Land Use and Planning

  • New York Law Journal | Expert Opinion

    Transit-Related Zoning Programs: Current and Proposed

    By Peter E. Fisch and Salvatore Gogliormella | May 11, 2021

    Over two-thirds of subway and commuter rail stations within New York City are not accessible to individuals with ambulatory disabilities or mobility limitations. In an effort to make these stations more accessible, the MTA and the Department of City Planning are currently proposing amendments to the Zoning Resolution. In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss programs currently in place and the new accessibility-related initiatives being proposed.

  • New York Law Journal | Expert Opinion

    Courts Address Property Disputes on Indian Nation Lands

    By Anthony S. Guardino | March 23, 2021

    Native American tribes seeking to develop their land or control how it is used are finding that New York courts are becoming more and more involved in resolving the disputes that arise.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | March 2, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Piscionere v. Gori,' 'Gutnick v. Jacobson,' and 'Alir Inc. v. Jiminez.'

  • New York Law Journal | Analysis

    The 'Big Beautiful Wall' and Its Ugly Damages

    By Michael Rikon | February 22, 2021

    According to the Sierra Club, "Ultimately the destructive border wall must be torn down. Constructing a wall has stripped environmental, cultural and health protections from border communities, bulldozed through Tribal sites and burial grounds, and left irreversible scars on wildlife habitat and local towns."

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | February 16, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Downtown New Yorkers Inc. v. NYC," where a petition to block New York City from Relocating homeless people from the Lucerne Hotel to the Radisson Hotel was dismissed, and "Ellis v. Town of E. Hampton," where adverse possession against government-owned land was denied.

  • New York Law Journal | Expert Opinion

    Cluster Zoning: A Win-Win for Municipalities and Developers

    By Anthony S. Guardino | January 26, 2021

    A well-established subdivision tool allows developers to realize the full yield of their property while protecting environmentally-sensitive resources.

  • New York Law Journal | Analysis

    New York Environmental Legislation in 2020

    By Michael B. Gerrard and Edward McTiernan | January 13, 2021

    This past year, New York saw the collapse of one major environmental initiative due to the pandemic, but the enactment of several important new environmental laws. In their Environmental Law column, Michael Gerrard and Edward McTiernan report on these developments and numerous other laws targeting environmental concerns in their annual survey.

  • New York Law Journal | Expert Opinion

    Incentive Zoning Can Help Alleviate Municipal Budget Woes

    By Anthony S. Guardino | November 24, 2020

    As local governments throughout New York contemplate how to deal with budgetary constraints stemming from the COVID-19 pandemic, more and more of them are likely to turn to incentive zoning as a means of relief.

  • New York Law Journal | Commentary

    200 Amsterdam Case Could Have 'Catastrophic' Outcome

    By Zachary Bernstein | November 16, 2020

    The 200 Amsterdam case, in which the lower court ordered an unspecified number of already constructed floors of an Upper West Side skyscraper torn down, could undermine real estate investor confidence for a long time to come at a time when we desperately need jobs and a future tax base for the city.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | November 3, 2020

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses the land use case "Am. Patriot Express v. City of Glens Falls," and a foreclosure action case "George v. 1429 Pacific Inc."

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