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NY Appellate Court Dismisses Challenge to Granting of Permit as Moot
Petitioner commenced an action to challenge the granting of an application by the zoning board of appeals to allow construct an addition to a residence without requiring certain setback variances....
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NY Appellate Court Upholds Enforcement Action Requiring Removal of Swimming Pool
Following the commencement of construction of a swimming pool without permit approval, the code enforcement officer notified the defendant of the need for a permit. Upon receipt of the permit...
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NYS Historic Preservation Office Publishes Model Landmarks Preservation Local...
As part of the State’s Certified Local Government program for historic preservation (see, http://nysparks.com/shpo/certified-local-governments), the agency has published a model local landmarks...
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NY Appellate Court Upholds Reversal of Area Variance Denial
Following a denial of an area variance by the zoning board of appeals, the applicant appealed and the trial court reversed the decision. The zoning board appealed and the appellate court upheld the...
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NY Appellate Court Dismisses Appeal over Sawmill Operation as Moot
Petitioners challenged the approval of a sawmill and milling operation by the Town of Livonia Joint Zoning Board of Appeals who had determined that the use of the land for sawmill purposes constituted...
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NY Appellate Court Upholds Denial of Special Use Permit for Day Care Facility...
The Village Board of Trustees determined that the proposed expansion of a day care facility into vacant retail space would “result in a dangerous traffic situation, an over intensification of land use...
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NY Governor Signs Community Risk and Resliency Act
What follows is the Governor’s Press Release: Governor Andrew M. Cuomo today signed into law the Community Risk and Resiliency Act to strengthen New York State’s preparedness for the effects of climate...
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NY Appellate Court Upholds the Granting of an Application to Build a Resort...
In 2004, respondents Preserve Associates, LLC, Big Tupper, LLC, Tupper Lake Boat Club, LLC and Nancy Hull Godshall, (hereinafter collectively referred to as the “developers”), submitted an application...
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NY Appellate Court Address Just Compensation Damages Following Eminent Domain...
KKS Properties, LLC (“KKS”), was the owner of property in the Town of Bethlehem, New York. In conjunction with the construction of an extension of State Route 85, the State of New York (“SONY”),...
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NY Appellate Court Upholds Trial Court’s Reversal of Zoning Board Decision...
Ogden Land Development submitted a subdivision application to the Village Planning Board to divide a 21,683 square foot triangular shaped lot in a residential district into two lots. The applicable...
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2nd Circuit Court of Appeals Extends Williamson County Ripeness Test to...
Sunrise Detox V, LLC. wanted to establish a facility for individuals recovering from addiction in a building that was formerly used as a nursing home. However, because the site was located in the...
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NY Appellate Court Upholds Local Health Department’s Approval of Proposed...
Neighbors challenged the decision of the county health-environmental sanitation division that found no negative environmental impact for a proposed 21-unit residential and one commercial lot...
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Second Circuit Rejects Futility Argument in Failure to Obtain a Final...
Plaintiff–Appellant Joseph Kowalczyk claimed that the district court improperly dismissed his substantive due process, procedural due process, and equal protection claims as unripe. Kowalczyk argued...
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Fed. Dist. Court in NY Finds in Section 1983 Case That Removal of “Litter”...
Individuals acting at the direction of the Town of East Hampton (the “Town”) entered plaintiff Thomas Ferreira’s (“plaintiff” or “Ferreira”) property located at 63 Navy Road in Montauk, New York (the...
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NY Appellate Court Remands Matter to Trial Court to Determine Whether...
Respondent Jason Bonsignore submitted an application to respondent Planning Board of the Town of Dix for site plan approval to reopen and expand the “Seneca Grand Prix Family Fun Park,” which included...
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Fed Dist Court in NY Declines Supplemental Jurisdiction over Article 78 Claim...
Residents on the East End of Long Island sought to establish an eruv-an unbroken delineation of an area-which would allow members of the Jewish faith with certain religious beliefs to carry or push...
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NC Appeals Court Finds Ordinance Prohibited Shooting Ranges Where Language...
Aaron Byrd and Eric Coombs appealed from a superior court’s order affirming a decision by the Franklin County Board of Adjustment determining that Petitioners could not operate a shooting range on...
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NY Appellate Court Upholds Granting of Special Permit for Natural Resources
An appellate court in New York upheld the determination of the zoning board of the Town of East Hampton which granted a natural resources special permit to the Nature Conservancy, noting that Board’s...
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NY Appellate Court Finds First Amendment Constitutional Challenge to Zoning...
Plaintiff applied for and was granted, by the City of Troy, a certificate of occupancy for a business described as a gift shop. Soon after the business opened, a complaint was made to the City claiming...
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NY Appellate Court Upholds Determination to Condemn Property for the Purpose...
Pursuant to the NY EDPL 207, petitioner sought judicial review of the County’s determination to condemn certain real property for the purpose of expanding a runway at a public airport. The court...
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