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July 25, 2017 | New York Law Journal

'Public Trust' Ruling Puts a Brake on Development

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how a decision by the New York Court of Appeals blocking construction of a project in Queens may reverberate across the state.
16 minute read
May 23, 2017 | New York Law Journal

Spot Zoning Challenges Rarely Are Successful

In his Zoning and Land Use Planning column, Anthony Guardino uses several New York court decisions to show that rezoning decisions which are carefully thought out and well-reasoned are unlikely to be reversed as "spot zoning."
16 minute read
March 21, 2017 | New York Law Journal

Eligibility of Residential Developments for IDA Benefits

In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Matter of Ryan,' which upheld what has long been understood to be the rule: Residential developments are eligible to receive industrial development agency benefits.
15 minute read
January 24, 2017 | New York Law Journal

Can Zoning Stop Property Owners From Renting?

In his Zoning and Land Use Planning column, Anthony Guardino explores a number of the significant New York court decisions that help to establish a framework for analyzing the validity of zoning restrictions and the conditions imposed by local governments on permits and variances when rental units are involved.
14 minute read
November 22, 2016 | New York Law Journal

Exhaustion of Remedies is Often Key to Seeking Relief

The well-known doctrine of exhaustion of administrative remedies applies in land use and zoning matters. In his Zoning and Land Use Planning column, Anthony Guardino discusses this doctrine and also the important exceptions to it.
15 minute read
November 01, 2016 | New York Law Journal

Addressing Municipal Estoppel Upon Invalidly Issued Building Permit

Albert J. Pirro, Jr., a land use and zoning attorney in White Plains, explores the intricacies of municipal estoppel, which is often invoked when a local building inspector, making an honest mistake, issues a building permit that is contrary to, or in violation of, a local building code. The developer, in reliance on the permit, proceeds with construction only to be served with a stop work order. Municipal estoppel—a doctrine which states that rights may not be conferred upon a municipality which acts in contravention of zoning laws—does not apply in the absence of governmental fraud, misrepresentation, deception or other misconduct on the part of the municipality.
20 minute read
October 28, 2016 | New York Law Journal

New York State Bar Results

The names of the 6,570 candidates who passed the July 2016 bar exam.
122 minute read
September 27, 2016 | New York Law Journal

When a Municipality Makes a Mistake

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how estoppel is rarely applied against a local government, which allows zoning and other kinds of errors to be corrected.
15 minute read
July 26, 2016 | New York Law Journal

Guidelines for Evaluating Standing in Land Use Cases

In his Zoning and Land Use Planning column, Anthony Guardino discusses a recent decision by the New York Court of Appeals which helps to clarify the "special injury" requirement of standing.
15 minute read
May 25, 2016 | New York Law Journal

Court Limits Judicial Review of SEQRA Positive Declaration

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how a ripeness decision by the New York Court of Appeals imposes a significant financial burden on applicants who seek to challenge positive determinations under SEQRA.
17 minute read

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