This article discusses the Religious Land Use and Institutionalized Persons Act (RLUIPA) as well as New York regulation of religious uses…more
The New York courts have long held that a party must be within the "zone of interest" in order to have standing to challenge the proposed development of nearby property. This article summarizes a recent decision which appears to…more
After a number of years, the New York Department of Environmental Conservation (DEC)has issued an updated SEQR Handbook. The handbook outlines the regulations and procedures applicable to the State Environmental Quality Review…more
In a 206 page decision, the U.S. District Court for the Southern District of New York found the Town of Greenburgh had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it refused to grant a church…more
Fortress Bible Church v. Feiner
A lengthy decision, after trial, finding that the Town of Greenburgh, New York had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it used the SEQRA process to deny a church the right to…more
This is a summary of recent amendments to the Open Meetings Law adopted by the New York State Legislature. The amendments are geared toward ensuring public access to meetings, providing for accessibility for the recording and…more
Rocky Mountain christian Church v....
In a significant decision, the Circuit Court addressed the denial by the County Commissioners of a request for a special permit to significantly increase the size of a local church. The Court upheld the decision of the jury…more
Withers v. The Village of Airmont
Decision declaring a local sign ordinance, which attempted to regulate political speech, unconstitutional…more
Withers v. The Village of Airmont
District Court declared local law purporting to regulate political signs unconstitutional. For a more detailed discussion see http://blog.szlawfirm.net/…more
Henderson v. Zoning Board of Appeals
Appellate Division decision upholding the determination of a zoning board of appeals finding that it was proper to use land underwater in calculating lot area and floor area ratio (FAR. See the lower court decision, also posted…more
World Outreach Conference Center v....
A decision in two separate cases involving municipal land use regulations and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court discusses what constitutes a substantial burden on religious exercise…more
Vinrus Corp. v. Village of Pelham...
Decision affirming the dismissal of an Article 78 proceeding seeking mandamus directing the building inspector to issue a certificate of occupancy. The court found the Petitioner failed to exhaust its administrative remedies.
A decision of the New York State Supreme Court, Appellate Division, Second Department addressing issues regarding the application of 42 USC 1983 to land use matters, exhaustion of administrative remedies, equal protection, the…more
John Chambers and Marsha Chambers v. ...
On a motion to dismiss a civil RICO claim the court denied the motion holding that in the case of such a motion the court must accept the facts alleged in the complaint as true…more
Mamaroneck Beach & Yacht Club Inc. v....
Decision finding that under New York law there is no provision for a default approval of a site plan and that in this particular case such an approval would be in conflict with prior findings under SEQRA…more
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