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March 26, 2024 | New York Law Journal

The Hidden Costs of Impact and Administrative Review Fees

Ironically, impact and administrative review fees have hidden costs that could stunt the growth in the areas municipalities are trying to revitalize.
8 minute read
November 21, 2023 | New York Law Journal

Lawsuits Over Construction of Mikvahs Continue in New York

When lawsuits are filed against local governments that delay or block the construction of mikvahs in their communities, the defendants may face claims under local zoning rules as well as under state and federal laws—and under the U.S. and state constitutions.
9 minute read
September 26, 2023 | New York Law Journal

When Is an Appeal of a Building Permit Decision Timely?

It is generally well known that there are 60 days to challenge an administrative determination of a building permit application. But depending on the specific circumstances, the ins and outs of the rule can be complex.
9 minute read
July 25, 2023 | New York Law Journal

The Saga of a Long Island Tree House and the Law

Years of litigation over a tree house end with clear decisions in favor of municipal zoning authority.
9 minute read
May 23, 2023 | New York Law Journal

Battle Between State Rules and Local Zoning Laws Plays Out in Sand Case

A recent decision by the New York Court of Appeals discusses whether the New York State Department of Environmental Conservation or municipal authorities can regulate certain portions of the state's mining industry.
9 minute read
March 21, 2023 | New York Law Journal

Courts Continue To Refine Standing Rules in Land Use Matters

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
January 24, 2023 | New York Law Journal

Federal and Local Law Govern Requests To Construct Cell Towers

Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.
9 minute read
November 22, 2022 | New York Law Journal

Judges, Recusals, and Zoning Disputes: What the Ethics Opinions Say  

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.
9 minute read
September 27, 2022 | New York Law Journal

Tribal Fishing Rights on Trial in the Second Circuit

Following a decision in late August by the U.S. Court of Appeals for the Second Circuit, three members of the Shinnecock Indian Nation will have the opportunity to challenge state restrictions on their right to fish in Shinnecock Bay.
9 minute read
July 26, 2022 | New York Law Journal

An Old Law and Even Older Patent Resolve Modern Clamming Disputes

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.
10 minute read