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March 23, 2016 | New York Law Journal

When Should Board Members Recuse Themselves?

In his Zoning and Land Use Planning column, Anthony S. Guardino discuss how local governments typically have local residents making zoning decisions, and explores when conflicts of interest might require board member recusal.
24 minute read
January 27, 2016 | New York Law Journal

Case Law and Statutes Govern Landmark Designations

In his Zoning and Land Use Planning column, Anthony Guardino explains that under well-established New York law, local governments must consider the benefits of landmark designations as well as the burdens imposed on property owners.
11 minute read
November 25, 2015 | New York Law Journal

Ruling Against Sign Code Has Implications for New York

In his Zoning and Land Use Planning column, Anthony Guardino discusses how a decision by the U.S. Supreme Court is likely to force local governments to reconsider many of their sign ordinances.
9 minute read
September 23, 2015 | New York Law Journal

The Public Trust Doctrine Is Brought Into Focus

In his Zoning and Land Use Planning column, Anthony S. Guardino writes how recent opinions by the New York Court of Appeals should serve as a reminder to local governments, developers, and property owners of the importance of the common law public trust doctrine.
9 minute read
July 22, 2015 | New York Law Journal

Sign Law Does Not Bar Lechis, Court Rules

In his Zoning and Land Use Planning column, Anthony S. Guardino discusses 'East End Eruv Association v. Town of Southampton,' a ruling of apparent first impression, where the court determined that strips affixed to utility poles to create an eruv did not fall within the meaning of a town ordinance regulating signs.
6 minute read
May 27, 2015 | New York Law Journal

Balancing N.Y.'s Agricultural Law With Local Zoning Rights

In his Zoning and Land Use Planning column, Anthony Guardino explores the relationship between the objective of the New York Agriculture and Markets Law to promote farm uses and a local government's right to control land uses through zoning.
10 minute read
March 25, 2015 | New York Law Journal

Obligations May Continue Even After SEQRA Approval

In his Zoning and Land Use Planning article, Anthony Guardino explains how the requirements under the State Environmental Quality Review Act are not necessarily over when a site plan is approved. In many instances, applicable regulations and court decisions mandate preparation of a supplemental environmental impact statement before work on a project can begin, or continue.
9 minute read
January 28, 2015 | New York Law Journal

Ripeness Ruling Defies Rationale of Court's Decision

In his Zoning and Land Use Planning column, Anthony Guardino discusses how a decision by the Appellate Division, Second Department, rejecting a property owner's bid to overturn an agency's declaration requiring that it prepare a draft environmental impact statement, conflicts with an established opinion by New York's highest court.
10 minute read
November 26, 2014 | New York Law Journal

Court Overrules 40-Year-Old Precedent in Zoning Case

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz discusses how New York's highest court has established a new standard for determining whether a zoning board of appeals must grant an off-street parking variance.
9 minute read
September 24, 2014 | New York Law Journal

Establishing an Implied Easement

In his Zoning and Land Use Planning column, Anthony S. Guardino, of Farrell Fritz, discusses why satisfying the three-part test for an implied easement often proves to be difficult.
10 minute read

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