Anthony S Guardino

January 28, 2015 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses how a decision by the Appellate Division, Second Department, rejecting a property owner's bid to overturn an agency's declaration requiring that it prepare a draft environmental impact statement, conflicts with an established opinion by New York's highest court.

By Anthony S. Guardino

11 minute read

January 26, 2015 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony Guardino discusses how a decision by the Appellate Division, Second Department, rejecting a property owner's bid to overturn an agency's declaration requiring that it prepare a draft environmental impact statement, conflicts with an established opinion by New York's highest court.

By Anthony S. Guardino

11 minute read

November 26, 2014 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz discusses how New York's highest court has established a new standard for determining whether a zoning board of appeals must grant an off-street parking variance.

By Anthony S. Guardino

10 minute read

September 24, 2014 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, of Farrell Fritz, discusses why satisfying the three-part test for an implied easement often proves to be difficult.

By Anthony S. Guardino

11 minute read

July 23, 2014 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz, discusses how the New York State Court of Appeals has upheld the ability of towns to use their zoning laws to ban fracking.

By Anthony S. Guardino

12 minute read

May 28, 2014 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz writes: As the economy improves, more developers are seeking to complete projects that had been approved but that they had not constructed. What happens if applicable zoning laws have changed in the meantime?

By Anthony S. Guardino

10 minute read

March 26, 2014 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz discusses the Garden City Village case and writes: The court's holdings on standing, mootness, and liability almost certainly will be used as a roadmap for challenges in other courts to the zoning rules of other villages and towns across the state by plaintiffs advocating for affordable housing.

By Anthony S. Guardino

10 minute read

January 22, 2014 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes: New York law allows local governments to require that an applicant for a residential subdivision or site plan approval set aside land for park and recreation purposes or pay a fee in lieu thereof. The statutes, however, specifically require that the municipality first must find that the new development creates the need for additional recreational facilities, a finding which municipalities have sometimes neglected.

By Anthony S. Guardino

11 minute read

November 27, 2013 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz, states: Local governments must meet various deadlines when considering zoning-related applications. But a municipality's failure to decide a subdivision application on time can lead to a unique result: its automatic approval.

By Anthony S. Guardino

11 minute read

March 27, 2013 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that a seven-year battle over a Long Island town's efforts to use its local zoning powers to ban check cashing establishments has come to an end.

By Anthony S. Guardino

10 minute read