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May 25, 2011 | New York Law Journal

The Regulation of Wind Farms and Windmills in New York

Anthony S. Guardino, a partner with Farrell Fritz, discusses caselaw and regulations affecting the construction of turbines, including two recent decisions of considerable importance to wind developers where the Third and Fourth departments upheld determinations by local zoning boards that wind farms may be considered public utilities, which entitles them to a relaxed standard of review under local zoning.
11 minute read
November 23, 2011 | New York Law Journal

When Conflicts Mandate Recusal of Board Members

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.
10 minute read
May 27, 2009 | New York Law Journal

Zoning and Land Use Planning

Anthony S. Guardino, a partner at Farrell Fritz, reviews recent Court of Appeals decisions on joinder that make it clear that an Article 78 proceeding may be dismissed if one or more necessary parties was not named as a party to the proceeding prior to the expiration of the applicable limitations period. Petitioners and respondents in these matters should carefully analyze whether all necessary parties have been joined, and make appropriate motions in the event they decide that a necessary party has, in fact, not been joined.
10 minute read
August 16, 2005 | New York Law Journal

Zoning & Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes on the crucial role the regional planning council can play in land use matters, and how overlooking the applicable county referral requirements can slow down or even doom a development.
6 minute read
August 15, 2006 | New York Law Journal

Zoning & Land Use

Anthony S. Guardino, a partner with Farrell Fritz, reviews a Suffolk County Administrative Code amendment and a New York state law that recognize that certain zoning actions can affect areas beyond the boundaries of the municipality that is deciding the zoning application. These new statutory developments do not delegate zoning decisions to adjacent municipalities, but they authorize them to appear and to be heard, and it would appear that judicial review is now available to adjacent municipalities.
8 minute read
April 17, 2007 | New York Law Journal

Zoning & Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that the law is quite clear in New York that local zoning boards have substantial discretion when making zoning and planning decisions, and the judicial function is a limited one. Generally speaking, courts may set aside a zoning board determination only where the record reveals illegality, arbitrariness, or abuse of discretion.
7 minute read
November 26, 2008 | New York Law Journal

Organizational Standing

Anthony S. Guardino, a partner at Farrell Fritz, reviews two recent decisions from the Third Department on organizational standing under SEQRA that reached different conclusions on similar facts. The more recent opinion, which was accompanied by a strong dissent, suggests a rather broad view of organizational standing that may ultimately have to be considered by the Court of Appeals.
8 minute read
April 18, 2006 | New York Law Journal

Zoning & Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that although New York courts have recognized administrative res judicata, which prohibits the quasi-judicial determinations of zoning boards of appeals from being relitigated, there are various circumstances where administrative res judicata will not be applied to bar a hearing on an application for a zoning variance, permit or other relief.
7 minute read
June 20, 2006 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that Long Island's miles and miles of fabulous beachfront and waterfront property have over the years generated many disputes involving the ownership of littoral and riparian property � property that is adjacent to the water. Courts have long been utilized to settle these disputes, and have well-established rules, yet these cases continue to arise.
8 minute read
July 22, 2009 | New York Law Journal

Decision Case Sets Roadmap For Nonconforming Use Law

Anthony S. Guardino, a partner at Farrell Fritz, reviews a recent Court of Appeals zoning law opinion which explained the requirements for a party seeking a prior nonconforming use exception to a zoning ordinance. The party must, the Court held, establish specific actions constituting an overt manifestation of its intent to utilize the property for the ascribed purpose at the time the zoning ordinance became effective; a mere contemplation of purpose, lacking supportive evidence of undertakings to effectuate such intentions, will not suffice.
10 minute read

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