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February 15, 2005 | New York Law Journal

Zoning and Land Use

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.
6 minute read
February 20, 2007 | New York Law Journal

Zoning & Land Use

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.
7 minute read
January 27, 2010 | New York Law Journal

Numerous Statutes Outline Street Demapping Standards

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.
11 minute read
January 26, 2011 | New York Law Journal

Courts Differ on Statutes of Limitations in Referral Cases

Anthony S. Guardino, a partner at Farrell Fritz, writes that in many instances, a referral of certain proposed zoning actions to a regional planning council required by the General Municipal Law is never made. But how long does a party opposed to a zoning change have to bring actions based on a lack of referral?
8 minute read
December 21, 2004 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that the related concepts of a single and separate ownership exemption for preexisting substandard lots and lot merger frequently play a crucial role in the zoning approval process, but are too often overlooked by land use practitioners.
6 minute read
October 17, 2006 | New York Law Journal

Zoning & Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that municipal planning boards and zoning boards of appeals have different - and separate - responsibilities under New York law and practice. For example, with respect to the subdivision process, Town Law �277 sets forth what a planning board may require, and what is required of a planning board, before it may approve a subdivision of land.
8 minute read
June 15, 2004 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes on New York State's Coastal Erosion Hazard Areas Act, a part of the Environmental Conservation Law, and other statutes.
7 minute read
April 19, 2005 | New York Law Journal

Zoning & Land Use

Anthony S. Guardino, a partner with Farrell Fritz, analyzes a constitutional battle over land use planning and a municipality's power to condemn privately owned property by eminent domain that arose in Connecticut and is now pending in the U.S. Supreme Court.
6 minute read
May 23, 2007 | New York Law Journal

When Government Fails to Act

Anthony S. Guardino, a partner with Farrell Fritz, writes that where delays stretch beyond statutory or regulatory mandates or otherwise seem to be inordinately lengthy, private parties may take a variety of steps to try to help speed things along.
8 minute read
January 25, 2012 | New York Law Journal

Law Affecting Check Cashing Businesses Struck Down

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.
10 minute read
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