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Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Town Considers New Zoning Regulations for Port Washington Waterfront

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in...more

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 3

In this post, which is the third and final segment of a three-part series, we look at real property recording and related fees, which have increased significantly in Nassau and Suffolk Counties in recent years. Like illegal...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

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