Anthony S Guardino

December 21, 2004 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that the related concepts of a single and separate ownership exemption for preexisting substandard lots and lot merger frequently play a crucial role in the zoning approval process, but are too often overlooked by land use practitioners.

By Anthony S. Guardino

7 minute read

July 28, 2010 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that with the Court of Appeals upholding the government's eminent domain power and little likelihood that the legislature will limit that power, there may only be one practical limitation on eminent domain in New York: the cost, as illustrated by a recent decision by the Court of Claims.

By Anthony S. Guardino

12 minute read

January 26, 2010 | New Jersey Law Journal

The following matters have been certified to the Disciplinary Review Board as defaults, in accordance with R. 1:20-4(f):

By Anthony S. Guardino

2 minute read

April 17, 2007 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that the law is quite clear in New York that local zoning boards have substantial discretion when making zoning and planning decisions, and the judicial function is a limited one. Generally speaking, courts may set aside a zoning board determination only where the record reveals illegality, arbitrariness, or abuse of discretion.

By Anthony S. Guardino

8 minute read

November 26, 2008 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, reviews two recent decisions from the Third Department on organizational standing under SEQRA that reached different conclusions on similar facts. The more recent opinion, which was accompanied by a strong dissent, suggests a rather broad view of organizational standing that may ultimately have to be considered by the Court of Appeals.

By Anthony S. Guardino

10 minute read

October 17, 2006 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that municipal planning boards and zoning boards of appeals have different - and separate - responsibilities under New York law and practice. For example, with respect to the subdivision process, Town Law �277 sets forth what a planning board may require, and what is required of a planning board, before it may approve a subdivision of land.

By Anthony S. Guardino

9 minute read

July 27, 2011 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, discusses the rule that provides additional protection to property owners who would be most affected by a zoning change—those who own land included in, or immediately adjacent to, the area which is subject to the proposed change—and steps developers or other property owners can take to avoid application of that rule.

By Anthony S. Guardino

13 minute read

July 23, 2008 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, discusses the requirements that now must be met before courts will find that title to real property has changed under the doctrine of adverse possession. The new statute recognizes that the doctrine "should be used to settle good faith disputes over who owns land" but should not be "used offensively to deprive a landowner of" his or her real property.

By Anthony S. Guardino

10 minute read

March 25, 2009 | New York Law Journal

Anthony S. Guardino, a parner at Farrell Fritz, writes that New York law has long provided that a decision of a zoning board or other administrative agency that neither adhered to its own prior precedent nor indicated its reasons for reaching a different result on essentially the same facts was arbitrary and capricious and mandated reversal - even if there was otherwise evidence in the record sufficient to support the determination.

By Anthony S. Guardino

10 minute read

April 18, 2006 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that although New York courts have recognized administrative res judicata, which prohibits the quasi-judicial determinations of zoning boards of appeals from being relitigated, there are various circumstances where administrative res judicata will not be applied to bar a hearing on an application for a zoning variance, permit or other relief.

By Anthony S. Guardino

8 minute read