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September 22, 2020 | New York Law Journal

Regulating, and Even Prohibiting, Short-Term Rentals

Rules adopted before and during the COVID-19 pandemic limit—and sometimes even bar—the ability of homeowners to rent out their property on a short-term basis. This column discusses how the courts and one home-sharing platform have responded.
10 minute read
July 21, 2020 | New York Law Journal

County Planning Agencies' Oversight of Local Land Use Decisions

State law requires that local officials notify county planning agencies of many proposed land use actions. The failure to do so can have significant repercussions. In his Zoning and Land Use Planning column, Anthony Guardino discusses the key elements of GML §239-m, the way it works in practice in various New York counties, and how courts have addressed the law.
10 minute read
May 26, 2020 | New York Law Journal

COVID-19's Impact on Land Use and Development in New York

The pandemic continues to affect construction throughout the state, as well as everything from applications for building permits and land use approvals to public hearings and related litigation.
9 minute read
March 24, 2020 | New York Law Journal

A Drastic But Recognized Zoning Remedy: Removing Unlawful Structures

It is a relatively rare occurrence, but courts are willing to grant the extraordinary relief of directing the removal of an existing structure as a remedy for violating zoning rules.
9 minute read
January 21, 2020 | New York Law Journal

Landowner Liability for Sidewalk Injuries

Municipalities typically impose a duty on abutting landowners to maintain sidewalks. In his Zoning and Land Use Planning column, Anthony Guardino discusses how some municipalities also shift liability to those landowners for failure to fulfill that duty.
9 minute read
November 26, 2019 | New York Law Journal

Zoning Boards Have Broad Discretion to Decide Area Variances

Courts typically defer to a local zoning board's decision on an application for an area variance—as long as the board has considered and weighed all of the required factors.
8 minute read
September 24, 2019 | New York Law Journal

What's the Use of Applying for Use Variances?

Although use variances are recognized under New York law, courts rarely uphold decisions to grant them – and rarely reverse decisions denying them. Property owners should carefully weigh the costs of applying for a use variance against the high probability that they ultimately may not be successful.
9 minute read
July 23, 2019 | New York Law Journal

U.S. Supreme Court Pushes Takings Claims to Federal Court

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Knick v. Township of Scott, Pennsylvania," where the U.S. Supreme Court, overruling its own decision from 1985, has decided that a takings claim against a state or local government can be heard in federal court as soon as property is taken—even if there is a procedure available to determine the amount of compensation payable to the property owner.
9 minute read
May 21, 2019 | New York Law Journal

Court Upholds Landmark Preservation Commission's Power

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," a decision by the New York Court of Appeals which has immediate practical implications for one particular city landmark—and for the authority of the city's Landmark Preservation Commission over the others.
8 minute read
March 26, 2019 | New York Law Journal

Local Gov't Takes a Hit Under Proposal to Legalize Marijuana

A major feature of the governor's original budget proposal for fiscal year 2020 is a bill to legalize recreational marijuana in the state—subject to the ability of counties and large cities to opt out. Here, columnist Anthony Guardino suggests that local governments also should be able to opt out of the law.
8 minute read

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