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January 22, 2019 | New York Law Journal

When Can Land Use Applicants Challenge Pass-Through Fees?

Local governments often impose fees of one kind or another on property owners or developers in connection with their requests for the approvals they need to be able to develop their property. In his Zoning and Land Use Planning column, Anthony Guardino discusses the standard that New York courts use when evaluating the propriety of those fees.
9 minute read
November 27, 2018 | New York Law Journal

US Supreme Court May Alter Process for 'Takings' Claims Against Local Govt's

In his Zoning and Land Use Planning column, Anthony Guardino discusses the Supreme Court's recent consideration on how to deal with a 33-year-old precedent that set the procedures property owners must follow before challenging a municipality's actions in federal court as an unconstitutional “taking.”
8 minute read
September 25, 2018 | New York Law Journal

Strict Compliance with SEQRA: A Mandate Courts Enforce

In his Zoning and Land Use Planning column, Anthony Guardino explains the essential features of SEQRA, reviews a recent case that illustrates the risks of failing to strictly comply with SEQRA's requirements, and concludes by reiterating the importance of literal compliance with this law.
8 minute read
July 24, 2018 | New York Law Journal

The Comprehensive Plan's Essential Role in Zoning

In his Zoning and Land Use Planning column, Anthony Guardino explains how a zoning regulation that is not adopted in accordance with a comprehensive plan is vulnerable to a court challenge.
1 minute read
May 22, 2018 | New York Law Journal

Are Schools Exempt from Local Zoning Regulations?

The Appellate Division, Third Department, recently issued a decision rejecting a public school's contention that it was not subject to a town's zoning requirements.
8 minute read
March 27, 2018 | New York Law Journal

Village Discriminated Against Proposed Rabbinical College, Court Rules

In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Congregation Rabbinical College of Tartikov v. Village of Pomona,' where the court decided that several laws passed by the upstate village of Pomona could not be used to block development of a religious school and associated dormitory housing on village property.
9 minute read
January 23, 2018 | New York Law Journal

Landmarks Preservation Law Given Broad Reading by Divided Court

In his Zoning and Land Use Planning column, Anthony Guardino discusses "Matter of Save America's Clocks v. City of New York," where the Appellate Division, First Department issued a significant decision involving the proposed conversion of an interior landmark into a private residence.
8 minute read
November 21, 2017 | New York Law Journal

Recreation Districts and the Legacy of 'Bonnie Briar'

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how more and more local governments throughout the state are relying on a 1999 Court of Appeals decision to enact zoning changes that preserve open space and other natural resources.
8 minute read
September 26, 2017 | New York Law Journal

Adult Entertainment Industry Loses Another Challenge

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how, after more than two decades, litigation over New York City's efforts to use its zoning powers to regulate adult bookstores and adult eating or drinking establishments appears to be over.
7 minute read
August 28, 2017 | New York Law Journal

Improving Spot Zoning Challenges

Albert J. Pirro Jr. writes that although challenges to spot zoning—zoning amendments which are not in accord with a comprehensive or well considered plan—are usually unsuccessful, some "outside the box" approaches should be considered.
20 minute read

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