Anthony S Guardino

July 23, 2024 | New York Law Journal

Given the growing popularity of EVs, property owners, municipalities and developers need to be aware of zoning ordinances relating to EV charging stations.

By Anthony S. Guardino

10 minute read

March 26, 2024 | New York Law Journal

Ironically, impact and administrative review fees have hidden costs that could stunt the growth in the areas municipalities are trying to revitalize.

By Anthony S. Guardino

8 minute read

November 21, 2023 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read

September 26, 2023 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read

July 25, 2023 | New York Law Journal

Years of litigation over a tree house end with clear decisions in favor of municipal zoning authority.

By Anthony S. Guardino

9 minute read

May 23, 2023 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read

March 21, 2023 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read

January 24, 2023 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read

November 22, 2022 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read

September 27, 2022 | New York Law Journal

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.

By Anthony S. Guardino

9 minute read