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By Neil Weisbard | March 23, 2023
There is relief in such a situation, and that relief is found in Section 72-21 of the Zoning Resolution, which provides that when there are practical difficulties or unnecessary hardships in fully complying with the provisions of the Zoning Resolution, the New York City Board of Standards and Appeals (the BSA) may grant variances (modifications) of the Zoning Resolution, "so that the spirit of the law shall be observed, public safety secured and substantial justice done."
8 minute read
By Marc D. Jonas | March 23, 2023
This article is a view from the zoning trenches after many years and nights spent out on the town. In many suburban localities, public meetings and quasi-judicial hearings take place at night.
10 minute read
By Anthony S. Guardino | March 21, 2023
New York trial and appellate courts continue to decide challenges to new construction projects on standing grounds, with neighboring homeowners frequently discovering that proximity alone is insufficient to allow them access to the courts.
9 minute read
By Mason Lawlor | March 20, 2023
Another legal challenge against the ongoing development of a plant for electric truck-maker Rivian has gone up in smoke, after the State of Georgia's chief administrative law judge struck down an appeal of a variance on March 15.
5 minute read
By Alexander I. Tachmes and Michael A. Pego | March 20, 2023
The imposition of community proffers creates challenges for a zoning applicant. It is important for developers and their lawyers to understand the law on this subject so they are prepared to respond intelligently when a proffer is required in connection with a major project.
6 minute read
By Gail J. Cohen | March 9, 2023
Even without sanctions, companies and legal advisers have a moral imperative to ensure their money doesn't go to support tyrants, panelists at a global conference said.
5 minute read
By David J. Cooper | March 8, 2023
According to the Governor's Executive Budget Briefing Book issued with the TOD Act of 2023, demand for housing far outpaces the supply in New York, which in turn, pushes rents and prices "out of reach" for a large portion of the state's population.
8 minute read
By Scott Mollen | March 7, 2023
Scott Mollen discusses "Horizon Realty of Mt. Vernon LLC v. Dabbs," where an ERAP stay was lifted as being inequitable to the landlord who had already suffered in the lengthy process, and "McWhinney v. Rockland Cider Works," where defendants were preliminarily enjoined from operating a cidery that would hurt surrounding property values.
18 minute read
By Riley Brennan | March 1, 2023
"In a thorough and well-reasoned decision, the Supreme Court of Maryland followed well established precedent and reaffirmed that the final decision of the District Council is the appropriate agency decision that is subject to judicial review and when the District Council's final decision is based on a mixed question of law and fact, a reviewing court will apply the substantial evidence standard of review," said Rajesh A. Kumar, principal counsel to Prince George's County Council.
5 minute read
By Scott Mollen | February 21, 2023
Scott Mollen discusses "South St. Seaport Coalition Inc. v. Landmarks Pres. Commn. of NYC," where the court vacated a certificate allowing a high-rise building at South Street Seaport, and "300 W 110th 19B LLC v. Argo Real Estate LLC," where the court granted a motion to compel arbitration, citing the condo bylaws' arbitration provision.
13 minute read
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