The property at issue in this case was dually zoned: one part residential and the other part commercial. The property owners were granted a certificate of zoning compliance in 1982 to use the land as a public garage. The plaintiff, a corporation in the business of home building, purchased the property in 2004. Both before [...]
The defendants, Town Board of Brookhaven, rezoned much of the town. The plaintiff, owner of properties known as Liberty Plaza and Diamond Plaza allege that the rezoning “effectuated a partial regulatory taking without just compensation.” The case was tried in state supreme court where a jury found a regulatory taking of both properties under the [...]
The plaintiff, Laidlaw Energy and Environmental (“Laidlaw”), is the owner of the Co-Generation Facility which is in the town of Ellicottville, New York. The facility uses different fuel sources to produce enough electricity to keep lumber kilns active. The facility was previously owned by a company who made changes to the facility, often without town [...]
AT&T, a telecommunications provider, discovered a coverage gap in the town of Fenton, New York. To remedy the gap, AT&T proposed construction of a cellular phone tower and applied for a use variance. AT&T submitted affidavits from several experts along with the result of a “balloon test.” For the balloon test, AT&T raised a large [...]
Jefferson City enacted an ordinance that prohibits the manufacture or sale of fireworks within its city limits. Jefferson County, however, does not prohibit the manufacture or sale of fireworks, so SNPCO, Inc. opened a store called Salvage Unlimited within Jefferson County. The property was located on the border of Jefferson City. In 2008, Jefferson City [...]
Jefferson City enacted an ordinance that prohibits the manufacture or sale of fireworks within its city limits. Jefferson County, however, does not prohibit the manufacture or sale of fireworks, so SNPCO, Inc. opened a store called Salvage Unlimited within Jefferson County. The property was located on the border of Jefferson City. In 2008, Jefferson City [...]
Garrison Projects sought approval from the town board of the Town of New Scotland for a planned unit development. Under the State Environmental Quality Review Act (“SEQRA”), the town board was designated as the lead agency. Thus, after identifying several relevant agencies, the town board conducted a coordinated review of the proposal. The project was [...]
Garrison Projects sought approval from the town board of the Town of New Scotland for a planned unit development. Under the State Environmental Quality Review Act (“SEQRA”), the town board was designated as the lead agency. Thus, after identifying several relevant agencies, the town board conducted a coordinated review of the proposal. The project was [...]
Plaintiffs include owners of non-owner occupied houses part of the Syracuse University Special Neighborhood District and the association of these owners and they sued defendant city of Syracuse, seeking the court to invalidate two ordinances: Ordinance 20 which contemplates the amount of parking space for one and two family residences and Ordinance 21which imposes parking [...]
Plaintiffs include owners of non-owner occupied houses part of the Syracuse University Special Neighborhood District and the association of these owners and they sued defendant city of Syracuse, seeking the court to invalidate two ordinances: Ordinance 20 which contemplates the amount of parking space for one and two family residences and Ordinance 21which imposes parking [...]
The general rule in New York is that reviewing courts must apply the zoning laws in existence at the time the decision is rendered unless there is proof of “special facts” demonstrating that the municipality acted in bad faith in delaying consideration of the application. Finding no such special facts, the court dismissed the petition [...]
Following the approval of use and area variances by the zoning board, on appeal the appellate court reversed finding that for the use variance, the applicant failed to show by dollars and cents proof that they could not get a reasonable return from any allowable use under the existing zoning. Therefore, the court said there [...]
In 2008, the Town of Mendon (the Town) adopted a zoning by-law establishing an “adult entertainment overlay district.” Section 5.01(b) of this by-law states that the purpose of the ordinance is, “to address and mitigate the secondary effects of adult entertainment establishments.” The Section further notes that the purpose of the by-law is not to [...]
Brendan Cunney owns property that is bounded by both the Hudson River and the East River. His property slopes down to a flat portion where a house is constructed. Cunney sought to do some reconstruction on his property and was bound by section E of the local zoning laws which requires no building to “rise [...]
Verizon Wireless, a telecommunications carrier, is considered a public utility for purposes of zoning. Verizon identified a “coverage gap” in its services in the Village of Flora Park and sought to construct a telecommunications facility on the roof of a commercial building to resolve the coverage problem. Since the village code provided that any “antenna [...]
