Anthony S. Guardino

April 12, 2002 | New York Law Journal

The law provides that, once a zoning or planning board has rendered an unfavorable decision on a land use application, an applicant has 30 days after the decision is filed to obtain judicial review of the board`s determination. In addition, the applicable statutes do not mandate that the applicant be mailed or otherwise provided with a copy of the board`s decision within any specific time frame. Accordingly, if an applicant does not carefully monitor the actions of the zoning and planning boards of the smal

By Anthony S. Guardino

8 minute read

June 21, 2005 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that a recent decision by Eastern District Judge Leonard D. Wexler in a case arising on Long Island should help clarify the standards on restrictions to regulating outdoor signs for local officials, property owners and the sign industry.

By Anthony S. Guardino

7 minute read

February 15, 2002 | New York Law Journal

R iparian rights have played an important role in the history and development of Long Island. They also have a long legal history here and throughout New York State.

By Anthony S. Guardino

8 minute read

June 14, 2002 | New York Law Journal

T he Appellate Division, Second Department, recently rendered two interesting decisions involving claims of "segmentation" under the State Environmental Quality Review Act (SEQRA or SEQR) 1 one arising from a proposed development in Eastern Suffolk County and the other from a proposed development in Western Nassau. Under SEQRA and its implementing regulations, 2 segmentation occurs when a governmental agency`s environmental review of a single action is broken down into smaller stages or activities, address

By Anthony S. Guardino

8 minute read

May 26, 2010 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes that over the past few decades, many of the most significant federal and state court decisions on the constitutionality of local zoning rules have involved adult entertainment because such establishments, unlike obscenity, have been held by the U.S. Supreme Court to be protected by the First Amendment.

By Anthony S. Guardino

12 minute read

September 29, 2008 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that the rising cost of oil, concerns about global warming, and a general desire to "go green" are leading many businesses and individuals to reexamine everything from the vehicles they drive to the source of their fruits and vegetables. The use of solar power devices to generate electricity and hot water is getting a significant boost as well, with local governments not only accommodating efforts but encouraging them.

By Anthony S. Guardino

10 minute read

January 28, 2009 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that the anti-SLAPP law makes potential plaintiffs think twice about bringing actions that arguably might fall within the scope of the statute. Although courts recognize the need to cautiously apply the law's provisions, he concludes, the occasional decision awarding costs, attorney's fees and damages has had the practical impact the Legislature seems to have intended: allowing a debate over matters of public concern with little concern over the filing of unwarranted lawsuits intended to thwart those discussions.

By Anthony S. Guardino

11 minute read

October 19, 2004 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that on Long Island a great deal of litigation involves government regulation of real property.

By Anthony S. Guardino

8 minute read

January 26, 2011 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that in many instances, a referral of certain proposed zoning actions to a regional planning council required by the General Municipal Law is never made. But how long does a party opposed to a zoning change have to bring actions based on a lack of referral?

By Anthony S. Guardino

9 minute read

August 16, 2005 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes on the crucial role the regional planning council can play in land use matters, and how overlooking the applicable county referral requirements can slow down or even doom a development.

By Anthony S. Guardino

7 minute read