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May 24, 2022 | New York Law Journal

'Sign' Ruling Brings Relief to NY's Towns and Villages

Local governments in New York and across the country will not have to amend their sign ordinances now, following a rare land use-related decision by the U.S. Supreme Court.
9 minute read
March 22, 2022 | New York Law Journal

Court of Appeals to Focus on 'Prior Nonconforming Uses'

The New York Court of Appeals has agreed to hear a case involving a decades-old sand mine on Long Island and a town's ability to block the mine's continuing operation.
9 minute read
January 25, 2022 | New York Law Journal

Area Variances as a Special Use Permit 'Workaround'

New York law prohibits local boards with jurisdiction over special use permits from waiving or modifying their criteria. A decision by the New York Court of Appeals, however, provides a subtle, and often quite useful, way of circumventing that limitation.
10 minute read
November 23, 2021 | New York Law Journal

Housing To Take Center Stage in Upcoming Wave of Building 'Repurposings'

Government officials at the federal, state and local levels are taking action to allow property owners to more easily create housing from vacant or underutilized commercial properties.
9 minute read
September 21, 2021 | New York Law Journal

Local Governments React to State's Marijuana Law

Towns, villages, and cities across the state are considering whether to opt out of the state law that legalizes marijuana use for adults or, alternatively, if they should regulate specific licenses created by the law. This column will explain the steps that local government officials may take to limit the MRTA's impact on their community
9 minute read
Law Journal Press | Digital Book Georgia Construction Law Handbook 2024 Authors: T. BART GARY, JAKE CARROLL View this Book

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July 27, 2021 | New York Law Journal

Dispute Over Local Sign Ordinance Reaches U.S. Supreme Court

Towns and villages should closely monitor a pending Supreme Court case that has the potential to invalidate municipal sign ordinances that regulate off-premises signs differently than they regulate on-premises signs.
9 minute read
May 25, 2021 | New York Law Journal

Local Governments Begin Reacting to FCC's 'Small Cell' Rules

The FCC orders limit the ability of municipalities to regulate "small cell" wireless facilities needed for fifth generation (5G) wireless networks, but there are significant areas where local authorities may – and should – act. In his Zoning and Land Use Planning column, Anthony Guardino reviews the Ninth Circuit's decision in ' City of Portland v. Federal Communications Commission,' and discusses how one Long Island municipality has amended provisions of its village code to address small cells.
10 minute read
March 23, 2021 | New York Law Journal

Courts Address Property Disputes on Indian Nation Lands

Native American tribes seeking to develop their land or control how it is used are finding that New York courts are becoming more and more involved in resolving the disputes that arise.
9 minute read
January 26, 2021 | New York Law Journal

Cluster Zoning: A Win-Win for Municipalities and Developers

A well-established subdivision tool allows developers to realize the full yield of their property while protecting environmentally-sensitive resources.
9 minute read
November 24, 2020 | New York Law Journal

Incentive Zoning Can Help Alleviate Municipal Budget Woes

As local governments throughout New York contemplate how to deal with budgetary constraints stemming from the COVID-19 pandemic, more and more of them are likely to turn to incentive zoning as a means of relief.
9 minute read

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