The Appellate Division determined that the challenge to a proposal for a telecommunications facility (cell tower) on State land was not yet ripe for review. In Village of Pelham Manor v. Crown Communications N.Y., Inc. the Appellate Division found that,
New York Zoning and Municipal Law Blog
The New York Zoning and Municipal Law Blog, published by Silverberg Zalantis LLC, focuses on legal issues related to zoning, land use, municipal regulations, and administrative law in New York. It covers topics such as judicial review of municipal decisions, challenges to zoning amendments, environmental review under SEQRA, constitutional issues involving local government actions, and procedural doctrines in litigation affecting land use. The blog also addresses First Amendment considerations in municipal contexts, including public forum speech restrictions and government speech doctrine. It provides analysis of court rulings impacting property owners, local governments, and developers within the framework of New York municipal and zoning law.
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Latest from New York Zoning and Municipal Law Blog
Court of Appeals Clarifies The “Relation Back Doctrine” When A Necessary Party Is Not Initially Named In Litigation
The New York Court of Appeals, in an action challenging the issuance of a use variance, clarified the application of the “relation back doctrine” to allow an amended petition adding a necessary party, after expiration of the statute of limitations.…
Second Circuit Finds Restrictions On the Form or Manner of Speech In A Limited Public Forum Does Not Violate First Amendment
Recently, the Second Circuit Court of Appeals upheld the District Court determination that the City of Kingston had the right to prohibit the public from displaying signs at a City Council meeting and that such restriction did not, as claimed…
Court Finds Property Owner Impacted By Local Law Lacked Standing To Challenge The Law
In a decision that reiterated the need for there to be other than economic impacts to a property owner to serve as a basis for challenging the environmental review of a local law or ordinance, the Appellate Division affirmed the…
Supreme Court Rules, Refusal To Permit Religious Flag At City Hall Violates Free Speech
On May 2. 2022, the U.S. Supreme Court ruled on the refusal of the City of Boston to permit the flying of a Christian flag, on a flag pole located at Boston’s City Hall Plaza. In Shurtleff v City of…
APPELLATE DIVISION REVERSES LOWER COURT DECISION THAT UPHELD SPECIAL PERMIT AND SITE PLAN APPROVAL
The Appellate Division reversed a determination of the Supreme Court that had upheld the granting of a special permit and site plan, where the proposal failed to fully comply with the zoning ordinance. In the Matter of Marcus v. The…
Court Finds Planning Board’s Site Plan Conditions Rational and Challenges to ZBA Decisions Untimely
The Appellate Division Second Department found that challenges to requirements of two Zoning Board of Appeals decisions and the conditions to a site plan approval issued by a Planning Board should stand. In the Matter of Florida Historical Society v.
Appellate Division Finds ZBA Did Not Have Authority To Rule on Issue of Lot Area
The Appellate Division Second Department recently ruled that, under the procedure followed by objecting neighbors, the local Zoning Board of Appeals (“ZBA”) lacked jurisdiction to rule on the neighbors’ objection. In Matter of Capetola v. Town of Riverhead, the…
Challenge to SEQRA Determination and Site Plan Dismissed Due to Failure to Name the Property Owner
The Appellate Division restated the requirement that all interested parties must be named in an action challenging a site plan approval and that a property owner and prospective developer are not necessarily united in interest. In Matter of Mensch v…
A Use Variance Should Be Denied for Failure to Provide Dollars and Cents Proof of Unnecessary Hardship
The Appellate Division determined that the failure to provide “dollars and cents” proof of the inability to use a property for any permitted use required denial of a use variance. In Matter of Dean v. Town of Poland Zoning Board…