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March 28, 2012 | New York Law Journal

Upstate Courts Uphold Laws Prohibiting Gas Drilling

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, analyzes two recent rulings allowing towns to enforce local 'anti-fracking' ordinances, rejecting arguments that the municipal restrictions were pre-empted by the state's mining law.
10 minute read
November 28, 2007 | New York Law Journal

RLUIPA Roadmap

Anthony S. Guardino, a partner with Farrell Fritz, writes that recently the U.S. Court of Appeals for the Second Circuit issued an important decision in favor of the plaintiff in an RLUIPA action, a move that should help to establish a roadmap for both property owners and local governments in New York to follow to comply with RLUIPA's requirements.
9 minute read
July 24, 2013 | New York Law Journal

U.S. Supreme Court Divides Sharply in 'Koontz' Ruling

In his Zoning and Land Use Planning column, Farrell Fritz partner Anthony S. Guardino analyzes what is arguably the most significant land use decision by the U.S. Supreme Court since 'Kelo v. City of New London' nearly a decade ago.
8 minute read
June 21, 2005 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that a recent decision by Eastern District Judge Leonard D. Wexler in a case arising on Long Island should help clarify the standards on restrictions to regulating outdoor signs for local officials, property owners and the sign industry.
6 minute read
May 26, 2010 | New York Law Journal

Alternatives for Adult Uses Required When Town Is Sued

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes that over the past few decades, many of the most significant federal and state court decisions on the constitutionality of local zoning rules have involved adult entertainment because such establishments, unlike obscenity, have been held by the U.S. Supreme Court to be protected by the First Amendment.
11 minute read
July 27, 2011 | New York Law Journal

Protest Petitions: Avoiding the 'Three-Fourths Rule'

Anthony S. Guardino, a partner with Farrell Fritz, discusses the rule that provides additional protection to property owners who would be most affected by a zoning change—those who own land included in, or immediately adjacent to, the area which is subject to the proposed change—and steps developers or other property owners can take to avoid application of that rule.
11 minute read
March 25, 2009 | New York Law Journal

Zoning and Land Use Planning

Anthony S. Guardino, a parner at Farrell Fritz, writes that New York law has long provided that a decision of a zoning board or other administrative agency that neither adhered to its own prior precedent nor indicated its reasons for reaching a different result on essentially the same facts was arbitrary and capricious and mandated reversal - even if there was otherwise evidence in the record sufficient to support the determination.
9 minute read
September 23, 2009 | New York Law Journal

Zoning and Land Use Planning

Anthony S. Guardino, a partner at Farrell Fritz, writes that a recent decision by Suffolk County Supreme Court Justice Peter H. Mayer reemphasizes the importance - and practical significance even today - of Long Island's early American legal history and serves as a reminder of the long tradition of, and continuing desire for, local control on Long Island.
8 minute read
August 17, 2004 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz and resident in the firm's Melville office, explains why compliance with article 78 proceedings rules is crucial to avoid dismissal.
10 minute read
March 26, 2008 | New York Law Journal

Environmental Impact

Anthony S. Guardino, a partner at Farrell Fritz, writes that, as the Court of Appeals decision in "Riverkeeper" makes clear, merely because a project has changed does not necessarily give rise to the need for the preparation of a supplemental environmental impact statement. An SEIS is required only if environmentally significant modifications are made after the issuance of an environmental impact statement.
8 minute read

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