New York Appellate Court Determines That Maintaining Status Quo Is Essential to Combat Mootness in Challenging ZBA Variance Actions

This post was authored by Tyler Doan, Esq.

Petitioner owns real property on a short dead end roadway in the City of Ithaca abutting Summit Avenue. An adjacent property, that Summit Ave is on, has been owned by various entities

GA Appeals Court Affirms that Board of Commissioners Acted in a Legislative Capacity When Placing Condition on a Rezoning and not in a Quasi-Judicial Capacity

This post was authored by Tyler Doan, Esq.

Cook Communities (Cook) bought roughly 32.6 acres of land in Hall County to build approximately 200 attached townhomes. At the time of purchase, the land was zoned for agricultural housing. Cook sought

Second Circuit Court of Appeals Denies Intervention in TCA Case, Citing Adequate Representation and Avoidance of Delay

This post was authored by Amy Lavine, Esq.

in Extenet Systems, LLC v. Village of Kings Pointthe Second Circuit Court of Appeals affirmed the denial of eight residents’ motion to intervene in a lawsuit brought by ExteNet against the

NY Appellate Court Affirmed Approval of Subsurface Sewage-Disposal System Finding Local Government Complied with SEQRA and Local Law Codifying Zoning

This post was authored by Tyler Doan, Esq.

Petitioner appealed a decision of the ZBA town, town board, and related defendants challenging a dismissal by the ZBA of the challenge to the zoning enforcement officer’s determination that a proposed subsurface

NY Appellate Court Rules that Lawsuit Challenging “House of Worship Law” was Timely Filed and Sufficiently Alleged SEQRA Violations

This post was authored by Amy Lavine, Esq.

The NY Appellate Division, Second Department, issued a pair of SEQRA decisions in March, 2023 involving the Village of Chestnut Ridge’s 2019 “House of Worship Law,” which sought to allow additional gathering

NY Appellate Court Affirms Dismissal of Challenge to Town Board’s Historic Preservation Determination

This post was authored by Tyler Doan, Esq.

Petitioner, the owner of a historic theater, with an adjacent property owner, challenged the Town of Hempstead Town Board’s determination of the Petitioner’s theater as a historic landmark. The Supreme Court denied