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May 23, 2012 | New York Law Journal

Resolving Disputes Over Docks and Riparian Rights

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.
11 minute read
July 23, 2008 | New York Law Journal

Adverse Possession

Anthony S. Guardino, a partner at Farrell Fritz, discusses the requirements that now must be met before courts will find that title to real property has changed under the doctrine of adverse possession. The new statute recognizes that the doctrine "should be used to settle good faith disputes over who owns land" but should not be "used offensively to deprive a landowner of" his or her real property.
9 minute read
December 20, 2005 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, reviews cases that illustrate the four factors a landowner must show to obtain a use variance on the ground of unnecessary hardship. Zoning boards and courts consider whether the land as zoned cannot yield a reasonable return, whether the asked-for use will alter the character of the locality, and whether the plight of the owner is unique and not self-created.
6 minute read
December 19, 2006 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that given the impact members of planning boards and zoning boards of appeals in New York have on communities and property owners for both the short and long terms, the Legislature has recently decided to establish minimum training standards for board members throughout the state. The new statute broadly sets forth a four-hour-per-year training requirement for each board member.
6 minute read
July 25, 2012 | New York Law Journal

Court Reestablishes Local Control Over Navigable Waters

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.
10 minute read
January 23, 2013 | New York Law Journal

Legal Hurdles for Coastal Residents Rebuilding After Sandy

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.
7 minute read
September 26, 2012 | New York Law Journal

Bamboo Battles: Local Governments Take Action

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.
9 minute read
January 28, 2009 | New York Law Journal

Law Curbs Retaliatory Suits, Encourages Input by Public

Anthony S. Guardino, a partner at Farrell Fritz, writes that the anti-SLAPP law makes potential plaintiffs think twice about bringing actions that arguably might fall within the scope of the statute. Although courts recognize the need to cautiously apply the law's provisions, he concludes, the occasional decision awarding costs, attorney's fees and damages has had the practical impact the Legislature seems to have intended: allowing a debate over matters of public concern with little concern over the filing of unwarranted lawsuits intended to thwart those discussions.
10 minute read
November 25, 2009 | New York Law Journal

Zoning Boards May Weigh Deceitful Conduct, Panel Rules

Anthony S. Guardino, a partner with Farrell Fritz, discusses a recent Second Department decision where the court had occasion to consider, given the amendments to the Town and Village Laws passed 20 years ago to bring a measure of statewide consistency to the variance application and review process, whether ongoing and deceitful representations by a variance applicant during earlier interaction with a planning board, and with a zoning board itself, permitted the denial of requested area variances on that ground alone.
11 minute read
July 25, 2007 | New York Law Journal

Green Revolution

Anthony S. Guardino, a partner with Farrell Fritz, writes that in the United States, commercial and residential buildings are responsible for about 65 percent of electricity consumption, 30 percent of greenhouse gas emissions, 12 percent of potable water use, and 136 million tons of construction and demolition waste annually. By taking action regulating construction in support of "green building," local governments are seeking to effect change.
8 minute read

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