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Anthony S Guardino

Anthony S Guardino

July 25, 2017 | New York Law Journal

'Public Trust' Ruling Puts a Brake on Development

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how a decision by the New York Court of Appeals blocking construction of a project in Queens may reverberate across the state.

By Anthony S. Guardino

18 minute read

May 23, 2017 | New York Law Journal

Spot Zoning Challenges Rarely Are Successful

In his Zoning and Land Use Planning column, Anthony Guardino uses several New York court decisions to show that rezoning decisions which are carefully thought out and well-reasoned are unlikely to be reversed as "spot zoning."

By Anthony S. Guardino

17 minute read

March 21, 2017 | New York Law Journal

Eligibility of Residential Developments for IDA Benefits

In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Matter of Ryan,' which upheld what has long been understood to be the rule: Residential developments are eligible to receive industrial development agency benefits.

By Anthony S. Guardino

17 minute read

January 24, 2017 | New York Law Journal

Can Zoning Stop Property Owners From Renting?

In his Zoning and Land Use Planning column, Anthony Guardino explores a number of the significant New York court decisions that help to establish a framework for analyzing the validity of zoning restrictions and the conditions imposed by local governments on permits and variances when rental units are involved.

By Anthony S. Guardino

15 minute read

November 22, 2016 | New York Law Journal

Exhaustion of Remedies is Often Key to Seeking Relief

The well-known doctrine of exhaustion of administrative remedies applies in land use and zoning matters. In his Zoning and Land Use Planning column, Anthony Guardino discusses this doctrine and also the important exceptions to it.

By Anthony S. Guardino

17 minute read

September 27, 2016 | New York Law Journal

When a Municipality Makes a Mistake

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how estoppel is rarely applied against a local government, which allows zoning and other kinds of errors to be corrected.

By Anthony S. Guardino

17 minute read

July 26, 2016 | New York Law Journal

Guidelines for Evaluating Standing in Land Use Cases

In his Zoning and Land Use Planning column, Anthony Guardino discusses a recent decision by the New York Court of Appeals which helps to clarify the "special injury" requirement of standing.

By Anthony S. Guardino

16 minute read

May 25, 2016 | New York Law Journal

Court Limits Judicial Review of SEQRA Positive Declaration

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how a ripeness decision by the New York Court of Appeals imposes a significant financial burden on applicants who seek to challenge positive determinations under SEQRA.

By Anthony S. Guardino

19 minute read

March 23, 2016 | New York Law Journal

When Should Board Members Recuse Themselves?

In his Zoning and Land Use Planning column, Anthony S. Guardino discuss how local governments typically have local residents making zoning decisions, and explores when conflicts of interest might require board member recusal.

By Anthony S. Guardino

26 minute read

January 27, 2016 | New York Law Journal

Case Law and Statutes Govern Landmark Designations

In his Zoning and Land Use Planning column, Anthony Guardino explains that under well-established New York law, local governments must consider the benefits of landmark designations as well as the burdens imposed on property owners.

By Anthony S. Guardino

12 minute read