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January 23, 2008 | New York Law Journal

Use It or Lose It

Anthony S. Guardino, a partner with Farrell Fritz, writes that vested rights are valuable to property owners and developers. Accordingly, as a number of New York decisions illustrate, they should make sure to commence and substantially complete construction in a timely manner so that rights vest in the first instance. It also is important, he warns, not to delay acting on a permit or approval because even vested rights can lapse.
9 minute read
October 19, 2004 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, writes that on Long Island a great deal of litigation involves government regulation of real property.
7 minute read
July 28, 2010 | New York Law Journal

Eminent Domain Rulings Affirm Broad Authority for Government

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that with the Court of Appeals upholding the government's eminent domain power and little likelihood that the legislature will limit that power, there may only be one practical limitation on eminent domain in New York: the cost, as illustrated by a recent decision by the Court of Claims.
11 minute read
September 22, 2010 | New York Law Journal

Marcellus Shale "Gas Rush" Raises Local Zoning Issues

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes that given the stakes, it is likely that local zoning ordinances attempting to limit or regulate the gas extraction industry are likely to face significant court challenges.
9 minute read
November 28, 2012 | New York Law Journal

Courts Reject Retroactivity of Adverse Possession Claims

In his Zoning and Land Use Planning column, Farrell Fritz partner Anthony S. Guardino writes: Amendments to Article 5 of the Real Property Actions and Proceedings Law that took effect on July 8, 2008, significantly altered the law applicable to adverse possession claims in New York. Decisions by the Second, Third, and Fourth Departments have made it clear, however, that the changes to the state's adverse possession rules do not apply to rights that vested before the law's effective date.
10 minute read
November 24, 2010 | New York Law Journal

Rockland Court Rulings Strictly Apply Standing Rules

In his Zoning and Land-Use Planning column, Anthony S. Guardino, a partner at Farrell Fritz, writes that given the liberal standing rules articulated by the Court of Appeals just last year, the results in soem recent cases are rather surprising: neighboring property owners, and a neighboring municipality, were denied the ability to challenge a town's zoning changes on standing grounds.
9 minute read
May 28, 2008 | New York Law Journal

Governmental Immunity

Anthony S. Guardino, a partner at Farrell Fritz, writes that when a governmental entity seeks to erect a cell tower, firehouse or other facility, the question often is not how to comply with local zoning rules, but whether they even apply. Whether the entity is immune is determined on a case-by-case basis by the careful application of the balancing test established two decades ago by the Court of Appeals in Matter of County of Monroe.
9 minute read
February 21, 2006 | New York Law Journal

Zoning and Land Use

Anthony S. Guardino, a partner with Farrell Fritz, asks:What law governs applications pending at the time a zoning ordinance is altered? The answer may be surprising. Under well-established New York precedent, a court will apply the zoning ordinance in existence at the time a decision is rendered, a so-called "day of decision" rule, unless "special facts" are present.
7 minute read
March 23, 2011 | New York Law Journal

Challenges to Off-Site Condition Requirements

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that local governments will continue to attempt to impose off-site conditions on developers before approving their land use proposals, and these improper conditions often will go unchallenged, but, when they are, courts have shown themselves willing to strike them down.
9 minute read
September 26, 2007 | New York Law Journal

Religious Uses

Anthony S. Guardino, a partner with Farrell Fritz, writes that courts have recently recognized that the growth and diversification of religious and educational institutions can bring a host of new problems.
7 minute read

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