Anthony S. Guardino

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

July 26, 2022 | New York Law Journal

A 345-year-old colonial patent and a 140-year-old New York law may be useful for determining the rights of the state and local governments in specific waters off the North Shore of Long Island.

By Anthony S. Guardino

10 minute read

May 24, 2022 | New York Law Journal

Local governments in New York and across the country will not have to amend their sign ordinances now, following a rare land use-related decision by the U.S. Supreme Court.

By Anthony S. Guardino

9 minute read

March 22, 2022 | New York Law Journal

The New York Court of Appeals has agreed to hear a case involving a decades-old sand mine on Long Island and a town's ability to block the mine's continuing operation.

By Anthony S. Guardino

9 minute read

January 25, 2022 | New York Law Journal

New York law prohibits local boards with jurisdiction over special use permits from waiving or modifying their criteria. A decision by the New York Court of Appeals, however, provides a subtle, and often quite useful, way of circumventing that limitation.

By Anthony S. Guardino

10 minute read

November 23, 2021 | New York Law Journal

Government officials at the federal, state and local levels are taking action to allow property owners to more easily create housing from vacant or underutilized commercial properties.

By Anthony S. Guardino

9 minute read

September 21, 2021 | New York Law Journal

Towns, villages, and cities across the state are considering whether to opt out of the state law that legalizes marijuana use for adults or, alternatively, if they should regulate specific licenses created by the law. This column will explain the steps that local government officials may take to limit the MRTA's impact on their community

By Anthony S. Guardino

9 minute read

July 27, 2021 | New York Law Journal

Towns and villages should closely monitor a pending Supreme Court case that has the potential to invalidate municipal sign ordinances that regulate off-premises signs differently than they regulate on-premises signs.

By Anthony S. Guardino

9 minute read

May 25, 2021 | New York Law Journal

The FCC orders limit the ability of municipalities to regulate "small cell" wireless facilities needed for fifth generation (5G) wireless networks, but there are significant areas where local authorities may – and should – act. In his Zoning and Land Use Planning column, Anthony Guardino reviews the Ninth Circuit's decision in ' City of Portland v. Federal Communications Commission,' and discusses how one Long Island municipality has amended provisions of its village code to address small cells.

By Anthony S. Guardino

10 minute read

March 23, 2021 | New York Law Journal

Native American tribes seeking to develop their land or control how it is used are finding that New York courts are becoming more and more involved in resolving the disputes that arise.

By Anthony S. Guardino

9 minute read