New York Law Journal | Analysis
By Scott E. Mollen | February 19, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Riverwalk on the Hudson v. Culliton;” Comm. United to Protect Theodore Roosevelt Park v. City of N.Y.,” and “Sokolow v. Neumann-Werth.”
New York Law Journal | Expert Opinion
By Adam R. Sanders | February 12, 2019
On Jan. 31, Amazon announced that it will not be utilizing the federal Opportunity Zone Program as part of its acquisition and construction of its Long Island City headquarters. In this article, Adam Sanders writes “While the timing of this announcement appears to be orchestrated to act as an olive branch to local politicians, residents and protestors to deflect from the tax breaks that Amazon is already receiving by passing on the tax benefits of the opportunity zone program, the question remains would or could Amazon have utilized the opportunity zone program anyway?”
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 29, 2019
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the land use case “Matter of Peyton v. NYC Bd. of Standards and Appeals,” where the court held that an apartment tower's roof garden could not be included in the open space ratio mandate embodied in the NYC zoning resolution.
New York Law Journal | Analysis
By Anthony S. Guardino | January 22, 2019
Local governments often impose fees of one kind or another on property owners or developers in connection with their requests for the approvals they need to be able to develop their property. In his Zoning and Land Use Planning column, Anthony Guardino discusses the standard that New York courts use when evaluating the propriety of those fees.
New York Law Journal | Analysis
By Scott E. Mollen | November 27, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses '273 Lee Avenue Tenants Ass'n v. Steinmentz,' where issues of fact existed as to whether the landlord's actions were motivated by discrimination; and 'Matter of Healy v. Town of Hempstead Bd. of Appeals,' where a board of appeals' SEQRA declaration was found fatally flawed, vacating the board's determinations.
New York Law Journal | Analysis
By Anthony S. Guardino | November 27, 2018
In his Zoning and Land Use Planning column, Anthony Guardino discusses the Supreme Court's recent consideration on how to deal with a 33-year-old precedent that set the procedures property owners must follow before challenging a municipality's actions in federal court as an unconstitutional “taking.”
By Andrew Denney | November 21, 2018
Michael Hiller and his small firm have made headlines in New York City for fighting to preserve landmark buildings and structures under threat of being erased forever by the wave of new development that has crashed over the city.
New York Law Journal | Analysis
By Scott E. Mollen | November 6, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two Land Use cases: 'Churches United for Fair Housing, Inc. v. DeBlasio,' where the court held that municipalities are not obligated to conduct racial impact studies when they rezone property; and 'LuxuryBeachfrontGetaway.com, Inc. v. Town of Riverhead,' where in a lawsuit over town law, rental properties were properly found not to be 'dwellings' under FHA.
New York Law Journal | Analysis
By Michael Rikon | October 22, 2018
In his Condemnation and Tax Certiorari column, Michael Rikon writes: The U.S. Supreme Court denied certiorari on Oct. 1, 2018 to 'Martins Beach 1 v. Surfrider Foundation'. The court refused to hear an appeal by an owner to overturn a ruling that a beach access path must stay open.
New York Law Journal | Analysis
By Anthony S. Guardino | September 25, 2018
In his Zoning and Land Use Planning column, Anthony Guardino explains the essential features of SEQRA, reviews a recent case that illustrates the risks of failing to strictly comply with SEQRA's requirements, and concludes by reiterating the importance of literal compliance with this law.
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