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The Hidden Costs of Impact and Administrative Review Fees
Ironically, impact and administrative review fees have hidden costs that could stunt the growth in the areas municipalities are trying to revitalize.Lawsuits Over Construction of Mikvahs Continue in New York
When lawsuits are filed against local governments that delay or block the construction of mikvahs in their communities, the defendants may face claims under local zoning rules as well as under state and federal laws—and under the U.S. and state constitutions.When Is an Appeal of a Building Permit Decision Timely?
It is generally well known that there are 60 days to challenge an administrative determination of a building permit application. But depending on the specific circumstances, the ins and outs of the rule can be complex.The Saga of a Long Island Tree House and the Law
Years of litigation over a tree house end with clear decisions in favor of municipal zoning authority.Battle Between State Rules and Local Zoning Laws Plays Out in Sand Case
A recent decision by the New York Court of Appeals discusses whether the New York State Department of Environmental Conservation or municipal authorities can regulate certain portions of the state's mining industry.View more book results for the query "anthony s. guardino"
Courts Continue To Refine Standing Rules in Land Use Matters
New York trial and appellate courts continue to decide challenges to new construction projects on standing grounds, with neighboring homeowners frequently discovering that proximity alone is insufficient to allow them access to the courts.Federal and Local Law Govern Requests To Construct Cell Towers
Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.Judges, Recusals, and Zoning Disputes: What the Ethics Opinions Say
Recent opinions by the Advisory Committee on Judicial Ethics shed light on when judges must, or need not, recuse themselves in matters directly or indirectly involving zoning and land use issues.Tribal Fishing Rights on Trial in the Second Circuit
Following a decision in late August by the U.S. Court of Appeals for the Second Circuit, three members of the Shinnecock Indian Nation will have the opportunity to challenge state restrictions on their right to fish in Shinnecock Bay.An Old Law and Even Older Patent Resolve Modern Clamming Disputes
A 345-year-old colonial patent and a 140-year-old New York law may be useful for determining the rights of the state and local governments in specific waters off the North Shore of Long Island.Trending Stories
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