NY Appellate Court Upholds Damages for Partial Takings

This post was authored by Ashlee Vega- Slattery, Touro University Jacob D. Fuchsberg Law Center The question in 20 Rewe Street, LTD v State of New York is whether a landowner was adequately compensated by the State for the partial taking of their Brooklyn property. The property, located in a manufacturing/industrial zone and totaling 39,900 […]

thirty sixth Annual Land Use Legislation Convention Hosted by Touro Legislation Middle – in February 2023

FOUR VIRTUAL SESSIONS:Tuesday, February 7 and Wednesday, February 8, 2023Tuesday, February 14 and Wednesday, February 15, 2023 This Annual Land Use Institute program is designed for attorneys, skilled planners, and authorities officers concerned in land use planning, zoning, allowing, property growth, conservation and environmental safety, and associated litigation. It not solely addresses and analyzes the […]

NY Appellate Court Affirms Decision to Grant Area Variances Due To Lack Of Standing and The ZBA’s Proper Consideration of Facts and Alternatives

This post was authored by Tyler Doan, Esq. Petitioner owns property on one side of a road. Respondent owns roughly 6.8 acres across the road from Petitioner that contains a two-story 97 room hotel. Both properties are located within a Highway Commercial zoning district which exists “to encourage a full range of commercial activity along […]

Second Circuit Court of Appeals Affirms Dismissal of Selective Enforcement and Equal Protection Claims in Treehouse Permitting Case

This post was authored by Amy Lavine, Esq. in Lepper v. Scordinothe Second Circuit Court of Appeals affirmed the dismissal of selective enforcement and class-of-one equal protection claims involving a treehouse that was built without a permit. The court first explained that on a selective enforcement claim, a plaintiff must show that “(1) the person, […]

Attorney General Merrick Garland to testify in front of the House Judiciary Committee in September

Attorney General Merrick Garland is scheduled to testify in front of the House Judiciary Committee on September 20, a source familiar with the plans told CNN. The attorney general’s appearance before the panel will be for a standard oversight hearing. It’s routine for top-level executive branch officials to provide general testimony before congressional committees. But […]