Anthony S. Guardino

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

July 24, 2013 | New York Law Journal

In his Zoning and Land Use Planning column, Farrell Fritz partner Anthony S. Guardino analyzes what is arguably the most significant land use decision by the U.S. Supreme Court since 'Kelo v. City of New London' nearly a decade ago.

By Anthony S. Guardino

9 minute read

April 14, 2003 | New York Law Journal

By Anthony S. Guardino

7 minute read

March 26, 2008 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that, as the Court of Appeals decision in "Riverkeeper" makes clear, merely because a project has changed does not necessarily give rise to the need for the preparation of a supplemental environmental impact statement. An SEIS is required only if environmentally significant modifications are made after the issuance of an environmental impact statement.

By Anthony S. Guardino

10 minute read

February 15, 2005 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that special permits are a common technique for allowing a municipality to review a proposed use that is consistent with the community's zoning scheme in order to assure that its operation will not adversely impact the community.

By Anthony S. Guardino

7 minute read

November 28, 2007 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that recently the U.S. Court of Appeals for the Second Circuit issued an important decision in favor of the plaintiff in an RLUIPA action, a move that should help to establish a roadmap for both property owners and local governments in New York to follow to comply with RLUIPA's requirements.

By Anthony S. Guardino

11 minute read

January 23, 2008 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that vested rights are valuable to property owners and developers. Accordingly, as a number of New York decisions illustrate, they should make sure to commence and substantially complete construction in a timely manner so that rights vest in the first instance. It also is important, he warns, not to delay acting on a permit or approval because even vested rights can lapse.

By Anthony S. Guardino

10 minute read

February 20, 2007 | New York Law Journal

Anthony S. Guardino, a partner with Farrell Fritz, writes that the power of a zoning board to impose conditions in granting a special permit is limited. Where the state has pre-empted the field, as it has with a comprehensive and detailed state regulatory scheme regarding the sale of alcoholic beverages, a municipality may not impose restrictions related thereto.

By Anthony S. Guardino

9 minute read

September 28, 2011 | New York Law Journal

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz writes that whether municipalities may regulate drilling through zoning is something that courts likely will have to decide. But the recent Weiden Lake decision makes clear that the owner of property that is subject to a restrictive covenant that prohibits certain activities on the property, and subsequent owners who take title with notice of the covenant, are bound by the restrictions.

By Anthony S. Guardino

11 minute read

January 27, 2010 | New York Law Journal

Anthony S. Guardino, a partner at Farrell Fritz, writes that the reasons for discontinuing unimproved "paper streets" contained on a subdivision map - or "demapping" - can be quite varied, ranging from urban renewal and construction or property development to public safety.

By Anthony S. Guardino

12 minute read