News & Analysis as of

Municipalities Nonconforming Use

Farrell Fritz, P.C.

Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702

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The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn...more

Farrell Fritz, P.C.

Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage...

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In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use....more

Farrell Fritz, P.C.

Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

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On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”)...more

Farrell Fritz, P.C.

Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With

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When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it...more

Farrell Fritz, P.C.

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

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BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Farrell Fritz, P.C.

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

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On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

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The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

Farrell Fritz, P.C.

Nonconforming Uses – Don’t Abandon Them

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Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Ability of Purchaser to Continue Operation

The Court of Appeals of Minnesota (“Court”) addressed in a March 4th opinion a landowner’s ability to continue a prior nonconforming use limited to the uses allowed under the terms of the land-use permit in effect at the time...more

Farrell Fritz, P.C.

Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use

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In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a property owner’s nonconforming use rights continue despite a temporary business interruption caused by a fuel...more

Stoel Rives -  Ahead of Schedule

Establishing a Legal Nonconforming Use

The key to a legal nonconforming use is establishing that the use previously existed legally. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman City, 2018 UT App 127, where it...more

Pierce Atwood LLP

Trustee Of Realty Trust Saved From Application Of Merger Doctrine (At Least For Now)

Pierce Atwood LLP on

The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more

Farrell Fritz, P.C.

Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

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The Breakers Motel has been a fixture in Montauk since the 1950’s. Situate at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean....more

Womble Bond Dickinson

A Primer on Zoning Nonconformities in North Carolina

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Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more

Perkins Coie

Supplement — Curtin’s California Land Use

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This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

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