News & Analysis as of

Arbitrary and Capricious State and Local Government

Proskauer - Proskauer For Good

Lawsuit Challenges New York’s Host Homes Program for Putting Children at Risk

Last week, Proskauer filed an Article 78 petition on behalf of The Legal Aid Society, Lawyers For Children, and the Legal Aid Bureau of Buffalo — three organizations that represent children in foster care proceedings —...more

Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

Downey Brand LLP on

On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Farrell Fritz, P.C.

Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

Farrell Fritz, P.C. on

In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020], the Appellate Division affirmed the grant of the Article 78 Petition of D.P.R. Scrap Metal Inc. (DPR) annulling...more

Farrell Fritz, P.C.

Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance

Farrell Fritz, P.C. on

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit...more

Farrell Fritz, P.C.

Town of East Hampton ZBA Denial of 9.8 Foot Setback Variance for a Patio is Upheld by Appellate Division, Second Department

Farrell Fritz, P.C. on

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit...more

Best Best & Krieger LLP

5G Infrastructure Decision Mixed for Local Governments

Ninth Circuit Takes on FCC Small Cell Orders - The U.S. Ninth Circuit Court of Appeals handed local governments some wins in a decision last week arising from the court’s consolidation of five appeals from three FCC 5G...more

Farrell Fritz, P.C.

Village Of North Haven Planning Board’s Denial Of Rock Revetment Upheld

Farrell Fritz, P.C. on

The Village of North Haven is a peninsula of land located on Noyac Bay in the Town of Southampton near Sag Harbor. Pursuant to Village Code §163-48(A), site plan review shall be required for “any proposed construction of a...more

Troutman Pepper

The Increasing Difficulty of Being a Public Contractor

Troutman Pepper on

Not long ago it was false claim concerns and W/M/DBE issues that had public contractors on edge and kept compliance officers busy, but now public work contractors in New York have a new issue to contend with — an issue that...more

Farrell Fritz, P.C.

Appellate Division Finds Town of Southold’s Local Law Up-Zoning Property Valid

Farrell Fritz, P.C. on

In 1999, the Greenport Group, LLP (“Greenport Group”) acquired a 31 acre parcel of land located on the east side of Chapel Lane and the north side of the Main Road in Greenport in the Town of Southold....more

Farrell Fritz, P.C.

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental...

Farrell Fritz, P.C. on

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. ...more

Foley & Lardner LLP

Ninth Circuit Victory Opens the Door to Medicaid Reimbursement Challenges Based on Equal Access Requirement

Foley & Lardner LLP on

The Ninth Circuit held August 7 that the Department of Health and Human Services Secretary erred in approving a Medicaid State Plan Amendment (SPA) that cut reimbursement for outpatient hospital services in California by 10%...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

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