September 26, 2017 | New York Law Journal
Adult Entertainment Industry Loses Another ChallengeIn 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
July 25, 2017 | New York Law Journal
'Public Trust' Ruling Puts a Brake on DevelopmentIn 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 SuccessfulIn 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 BenefitsIn 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 ReliefThe 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 MistakeIn 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 CasesIn 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 DeclarationIn 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