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July 23, 2014 | New York Law Journal

Decision May Signal End of Fracking Before It Digs In

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz, discusses how the New York State Court of Appeals has upheld the ability of towns to use their zoning laws to ban fracking.
11 minute read
May 28, 2014 | New York Law Journal

Vested Rights: Actions to Delay Application of New Zoning Laws

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz writes: As the economy improves, more developers are seeking to complete projects that had been approved but that they had not constructed. What happens if applicable zoning laws have changed in the meantime?
9 minute read
March 26, 2014 | New York Law Journal

Court Finds Village's Zoning Plan Discriminatory

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz discusses the Garden City Village case and writes: The court's holdings on standing, mootness, and liability almost certainly will be used as a roadmap for challenges in other courts to the zoning rules of other villages and towns across the state by plaintiffs advocating for affordable housing.
9 minute read
January 22, 2014 | New York Law Journal

Parkland Reservation: The 'Findings' Requirement

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes: New York law allows local governments to require that an applicant for a residential subdivision or site plan approval set aside land for park and recreation purposes or pay a fee in lieu thereof. The statutes, however, specifically require that the municipality first must find that the new development creates the need for additional recreational facilities, a finding which municipalities have sometimes neglected.
10 minute read
November 27, 2013 | New York Law Journal

Default Approval of Subdivision Applications

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz, states: Local governments must meet various deadlines when considering zoning-related applications. But a municipality's failure to decide a subdivision application on time can lead to a unique result: its automatic approval.
10 minute read
October 30, 2013 | New York Law Journal

The Experts

The New York Law Journal thanks our legal columnists who have been contributing to the Law Journal from the 1960s to the present day.
8 minute read
May 22, 2013 | New York Law Journal

Court Upholds Local Ordinances Banning Fracking

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that the Third Department found that New York's Oil, Gas and Solution Mining Law did not preempt a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.
10 minute read
March 27, 2013 | New York Law Journal

Town Cannot Use Zoning Law to Ban Check Cashing Businesses

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that a seven-year battle over a Long Island town's efforts to use its local zoning powers to ban check cashing establishments has come to an end.
9 minute read
September 28, 2011 | New York Law Journal

Using Restrictive Covenants to Regulate 'Fracking'

In his Zoning and Land Use Planning column, Anthony S. Guardino of Farrell Fritz writes that whether municipalities may regulate drilling through zoning is something that courts likely will have to decide. But the recent Weiden Lake decision makes clear that the owner of property that is subject to a restrictive covenant that prohibits certain activities on the property, and subsequent owners who take title with notice of the covenant, are bound by the restrictions.
10 minute read
September 25, 2013 | New York Law Journal

Adverse Possession of a Government's Property

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, discusses how governments and government entities are not necessarily immune from adverse possession claims.
8 minute read

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