Anthony S. Guardino

May 23, 2007 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that where delays stretch beyond statutory or regulatory mandates or otherwise seem to be inordinately lengthy, private parties may take a variety of steps to try to help speed things along.

By Anthony S. Guardino

9 minute read

May 28, 2008 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that when a governmental entity seeks to erect a cell tower, firehouse or other facility, the question often is not how to comply with local zoning rules, but whether they even apply. Whether the entity is immune is determined on a case-by-case basis by the careful application of the balancing test established two decades ago by the Court of Appeals in Matter of County of Monroe.

By Anthony S. Guardino

10 minute read

May 25, 2011 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, discusses caselaw and regulations affecting the construction of turbines, including two recent decisions of considerable importance to wind developers where the Third and Fourth departments upheld determinations by local zoning boards that wind farms may be considered public utilities, which entitles them to a relaxed standard of review under local zoning.

By Anthony S. Guardino

12 minute read

July 22, 2009 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, reviews a recent Court of Appeals zoning law opinion which explained the requirements for a party seeking a prior nonconforming use exception to a zoning ordinance. The party must, the Court held, establish specific actions constituting an overt manifestation of its intent to utilize the property for the ascribed purpose at the time the zoning ordinance became effective; a mere contemplation of purpose, lacking supportive evidence of undertakings to effectuate such intentions, will not suffice.

By Anthony S. Guardino

11 minute read

February 21, 2006 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, asks:What law governs applications pending at the time a zoning ordinance is altered? The answer may be surprising. Under well-established New York precedent, a court will apply the zoning ordinance in existence at the time a decision is rendered, a so-called "day of decision" rule, unless "special facts" are present.

By Anthony S. Guardino

8 minute read

March 23, 2011 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that local governments will continue to attempt to impose off-site conditions on developers before approving their land use proposals, and these improper conditions often will go unchallenged, but, when they are, courts have shown themselves willing to strike them down.

By Anthony S. Guardino

10 minute read

December 19, 2006 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that given the impact members of planning boards and zoning boards of appeals in New York have on communities and property owners for both the short and long terms, the Legislature has recently decided to establish minimum training standards for board members throughout the state. The new statute broadly sets forth a four-hour-per-year training requirement for each board member.

By Anthony S. Guardino

7 minute read

September 26, 2007 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that courts have recently recognized that the growth and diversification of religious and educational institutions can bring a host of new problems.

By Anthony S. Guardino

8 minute read

July 25, 2007 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that in the United States, commercial and residential buildings are responsible for about 65 percent of electricity consumption, 30 percent of greenhouse gas emissions, 12 percent of potable water use, and 136 million tons of construction and demolition waste annually. By taking action regulating construction in support of "green building," local governments are seeking to effect change.

By Anthony S. Guardino

10 minute read

August 17, 2004 | Law.com

Anthony S. Guardino, a partner with Farrell Fritz and resident in the firm's Melville office, explains why compliance with article 78 proceedings rules is crucial to avoid dismissal.

By Anthony S. Guardino

11 minute read