Anthony S. Guardino

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

September 23, 2009 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that a recent decision by Suffolk County Supreme Court Justice Peter H. Mayer reemphasizes the importance - and practical significance even today - of Long Island's early American legal history and serves as a reminder of the long tradition of, and continuing desire for, local control on Long Island.

By Anthony S. Guardino

9 minute read

June 20, 2006 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that Long Island's miles and miles of fabulous beachfront and waterfront property have over the years generated many disputes involving the ownership of littoral and riparian property � property that is adjacent to the water. Courts have long been utilized to settle these disputes, and have well-established rules, yet these cases continue to arise.

By Anthony S. Guardino

9 minute read

June 15, 2004 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes on New York State's Coastal Erosion Hazard Areas Act, a part of the Environmental Conservation Law, and other statutes.

By Anthony S. Guardino

8 minute read

December 20, 2005 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, reviews cases that illustrate the four factors a landowner must show to obtain a use variance on the ground of unnecessary hardship. Zoning boards and courts consider whether the land as zoned cannot yield a reasonable return, whether the asked-for use will alter the character of the locality, and whether the plight of the owner is unique and not self-created.

By Anthony S. Guardino

7 minute read

September 22, 2010 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes that given the stakes, it is likely that local zoning ordinances attempting to limit or regulate the gas extraction industry are likely to face significant court challenges.

By Anthony S. Guardino

10 minute read

March 24, 2010 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, reviews the New N.Y. Government Reorganization and Citizen Empowerment act, which took effect this week. Significantly, the act does not mandate the reorganization of any local government entity where a majority of the citizens are opposed. Thus, it remains to be seen just how many of the more than 10,000 towns, villages, authorities, and special districts throughout the state will become the subject of consolidation or dissolution efforts, and whether any such action will achieve savings and reduce local taxes while enhancing the delivery of services.

By Anthony S. Guardino

10 minute read

November 25, 2009 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, discusses a recent Second Department decision where the court had occasion to consider, given the amendments to the Town and Village Laws passed 20 years ago to bring a measure of statewide consistency to the variance application and review process, whether ongoing and deceitful representations by a variance applicant during earlier interaction with a planning board, and with a zoning board itself, permitted the denial of requested area variances on that ground alone.

By Anthony S. Guardino

12 minute read

April 19, 2005 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, analyzes a constitutional battle over land use planning and a municipality's power to condemn privately owned property by eminent domain that arose in Connecticut and is now pending in the U.S. Supreme Court.

By Anthony S. Guardino

7 minute read

November 24, 2010 | New York Law Journal

In his Zoning and Land-Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes that given the liberal standing rules articulated by the Court of Appeals just last year, the results in soem recent cases are rather surprising: neighboring property owners, and a neighboring municipality, were denied the ability to challenge a town's zoning changes on standing grounds.

By Anthony S. Guardino

9 minute read