Anthony S Guardino

September 25, 2013 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, discusses how governments and government entities are not necessarily immune from adverse possession claims.

By Anthony S. Guardino

9 minute read

September 26, 2012 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes: Good fences may make good neighbors, but the growing use of bamboo by suburban homeowners as a border on their property is causing some other property owners a great deal of concern. On the one hand, bamboo very quickly can create a wonderful and attractive privacy screen. On the other hand, its rapid growth can rather easily get out of control, and the invasive nature of the roots of certain varieties of bamboo plants can damage neighboring property.

By Anthony S. Guardino

10 minute read

May 22, 2013 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that the Third Department found that New York's Oil, Gas and Solution Mining Law did not preempt a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.

By Anthony S. Guardino

11 minute read

January 23, 2013 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that property owners who are seeking to rebuild or repair their homes and other structures after Hurricane Sandy are facing a significant number of hurdles, including the need to comply with a host of local zoning and permit rules.

By Anthony S. Guardino

8 minute read

July 25, 2012 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, reviews a recent decision in which the Third Department overturned prior decisions and held that the state's Navigation Law preempts the power of municipalities to enforce local land use laws only where the state, in its sovereign capacity, holds title to the land under those waters.

By Anthony S. Guardino

11 minute read

November 28, 2012 | New York Law Journal

In his Zoning and Land Use Planning column, Farrell Fritz partner Anthony S. Guardino writes: Amendments to Article 5 of the Real Property Actions and Proceedings Law that took effect on July 8, 2008, significantly altered the law applicable to adverse possession claims in New York. Decisions by the Second, Third, and Fourth Departments have made it clear, however, that the changes to the state's adverse possession rules do not apply to rights that vested before the law's effective date.

By Anthony S. Guardino

11 minute read

May 23, 2012 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz writes: Good fences may make good neighbors, but docks can often lead to litigation. In fact, disputes over the right of a property owner to build a dock seem to be arising with more and more frequency, such as the adverse possession claim that was settled last month by the New York Court of Appeals.

By Anthony S. Guardino

12 minute read

January 25, 2012 | New York Law Journal

In his Zoning and Land Use Planning feature, Anthony S. Guardino, a partner with Farrell Fritz, discusses a recent Second Department decision that, beyond being significant for what it says about the ability of local authorities to regulate check cashing operations through zoning laws, may be seen in the future, if found applicable to other commercial entities, as a groundbreaking and rules-changing decision as well.

By Anthony S. Guardino

11 minute read

November 23, 2011 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz writes that although state law sets forth a variety of prohibited family and business relationships and financial interests, and although local towns and villages often have ethics rules that are even more stringent than the state law, in many instances it can be surprisingly difficult to determine whether a particular zoning board official's decisions can be challenged on conflict of interest grounds.

By Anthony S. Guardino

11 minute read

March 28, 2012 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, analyzes two recent rulings allowing towns to enforce local 'anti-fracking' ordinances, rejecting arguments that the municipal restrictions were pre-empted by the state's mining law.

By Anthony S. Guardino

12 minute read