Anthony S Guardino

March 26, 2019 | New York Law Journal

A major feature of the governor's original budget proposal for fiscal year 2020 is a bill to legalize recreational marijuana in the state—subject to the ability of counties and large cities to opt out. Here, columnist Anthony Guardino suggests that local governments also should be able to opt out of the law.

By Anthony S. Guardino

9 minute read

January 22, 2019 | New York Law Journal

Local governments often impose fees of one kind or another on property owners or developers in connection with their requests for the approvals they need to be able to develop their property. In his Zoning and Land Use Planning column, Anthony Guardino discusses the standard that New York courts use when evaluating the propriety of those fees.

By Anthony S. Guardino

10 minute read

November 27, 2018 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses the Supreme Court's recent consideration on how to deal with a 33-year-old precedent that set the procedures property owners must follow before challenging a municipality's actions in federal court as an unconstitutional “taking.”

By Anthony S. Guardino

9 minute read

September 25, 2018 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino explains the essential features of SEQRA, reviews a recent case that illustrates the risks of failing to strictly comply with SEQRA's requirements, and concludes by reiterating the importance of literal compliance with this law.

By Anthony S. Guardino

9 minute read

July 24, 2018 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino explains how a zoning regulation that is not adopted in accordance with a comprehensive plan is vulnerable to a court challenge.

By Anthony S. Guardino

1 minute read

May 22, 2018 | New York Law Journal

The Appellate Division, Third Department, recently issued a decision rejecting a public school's contention that it was not subject to a town's zoning requirements.

By Anthony S. Guardino

9 minute read

March 27, 2018 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Congregation Rabbinical College of Tartikov v. Village of Pomona,' where the court decided that several laws passed by the upstate village of Pomona could not be used to block development of a religious school and associated dormitory housing on village property.

By Anthony S. Guardino

10 minute read

January 23, 2018 | 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," where the Appellate Division, First Department issued a significant decision involving the proposed conversion of an interior landmark into a private residence.

By Anthony S. Guardino

9 minute read

November 21, 2017 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how more and more local governments throughout the state are relying on a 1999 Court of Appeals decision to enact zoning changes that preserve open space and other natural resources.

By Anthony S. Guardino

9 minute read

September 26, 2017 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how, after more than two decades, litigation over New York City's efforts to use its zoning powers to regulate adult bookstores and adult eating or drinking establishments appears to be over.

By Anthony S. Guardino

8 minute read