Anthony S Guardino

November 24, 2020 | New York Law Journal

As local governments throughout New York contemplate how to deal with budgetary constraints stemming from the COVID-19 pandemic, more and more of them are likely to turn to incentive zoning as a means of relief.

By Anthony S. Guardino

9 minute read

September 22, 2020 | New York Law Journal

Rules adopted before and during the COVID-19 pandemic limit—and sometimes even bar—the ability of homeowners to rent out their property on a short-term basis. This column discusses how the courts and one home-sharing platform have responded.

By Anthony S. Guardino

10 minute read

July 21, 2020 | New York Law Journal

State law requires that local officials notify county planning agencies of many proposed land use actions. The failure to do so can have significant repercussions. In his Zoning and Land Use Planning column, Anthony Guardino discusses the key elements of GML §239-m, the way it works in practice in various New York counties, and how courts have addressed the law.

By Anthony S. Guardino

11 minute read

May 26, 2020 | New York Law Journal

The pandemic continues to affect construction throughout the state, as well as everything from applications for building permits and land use approvals to public hearings and related litigation.

By Anthony S. Guardino

10 minute read

March 24, 2020 | New York Law Journal

It is a relatively rare occurrence, but courts are willing to grant the extraordinary relief of directing the removal of an existing structure as a remedy for violating zoning rules.

By Anthony S. Guardino

10 minute read

January 21, 2020 | New York Law Journal

Municipalities typically impose a duty on abutting landowners to maintain sidewalks. In his Zoning and Land Use Planning column, Anthony Guardino discusses how some municipalities also shift liability to those landowners for failure to fulfill that duty.

By Anthony S. Guardino

10 minute read

November 26, 2019 | New York Law Journal

Courts typically defer to a local zoning board's decision on an application for an area variance—as long as the board has considered and weighed all of the required factors.

By Anthony S. Guardino  

9 minute read

September 24, 2019 | New York Law Journal

Although use variances are recognized under New York law, courts rarely uphold decisions to grant them – and rarely reverse decisions denying them. Property owners should carefully weigh the costs of applying for a use variance against the high probability that they ultimately may not be successful.

By Anthony S. Guardino

10 minute read

July 23, 2019 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Knick v. Township of Scott, Pennsylvania," where the U.S. Supreme Court, overruling its own decision from 1985, has decided that a takings claim against a state or local government can be heard in federal court as soon as property is taken—even if there is a procedure available to determine the amount of compensation payable to the property owner.

By Anthony S. Guardino

10 minute read

May 21, 2019 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," a decision by the New York Court of Appeals which has immediate practical implications for one particular city landmark—and for the authority of the city's Landmark Preservation Commission over the others.

By Anthony S. Guardino

9 minute read