Like the sunrise every morning, one thing is certain: there will always be people displeased with a municipal board’s decision-making. If a legal challenge to a municipal board decision happens, the administrative record that the board created for that decision is critically important. Municipal boards, such as planning boards, zoning…

Today, the resolution of legal disputes — especially those involving land use and environmental laws, municipal decision-making, and community development projects impacting communities — often lead parties towards the courtroom. Given the costs of litigation, an increasing number of people and entities are turning towards mediation as a viable and…

New York State is home to diverse communities, each with its unique charm and character. Sometimes, development projects come knocking at our doors, bringing change that can disrupt our environment, neighborhoods, and way of life. In this blog post, we’ll explore how regular folks can effectively organize against development projects…

New York’s State Environmental Quality Review Act (SEQRA) ensures that any state or local governmental decisions which may impact the environment are given due consideration. It’s a law that touches on various aspects of community life, from new construction to the adoption of land use plans. But what exactly triggers…

In a progressive move towards streamlining the civil litigation process, New York State Governor Hochul recently signed into law bills that amend the New York Civil Practice Law & Rules (CPLR) Section 2106, marking a pivotal shift in the procedural dynamics of civil litigation. Effective from January 1, 2024, the…

In an historic move, New York City is setting the stage for transformative change through comprehensive zoning reforms, collectively known as the “City of Yes” initiative.[1] This approach aims to address some of the city’s most pressing issues, including the housing crisis, the need for sustainable development, and the aspiration…

Upstate New York has the opportunity to enter a technological renaissance. In late October, the federal government, authorized by the CHIPS and Science Act, designated Syracuse, Rochester, and Buffalo as a national tech hub for computer chip manufacturing (NY SMART I-Corridor), and the Southern Tier for battery technologies and the…

The U.S. Environmental Protection Agency (EPA) is taking significant strides in addressing environmental and public health disparities across communities with its commitment to Environmental Justice (EJ) programs. In New York, these initiatives are receiving a substantial boost, with over $61 million in funding earmarked for projects that aim to empower…

The landscape of short-term rentals in New York City is ever-changing, with a recent court decision adding another chapter to its evolving story. The New York State Supreme Court, in its landmark decision in “Airbnb Inc. v. New York City Mayor’s Office of Special Enforcement, New York County Index Number…

Constitutional rights form the backbone of our legal system. When these rights intersect with environmental concerns, the legal landscape becomes particularly intriguing. One such instance recently played out in Montana, offering insights and raising questions about similar provisions in state constitutions across the country, including New York State.

In Montana,…

Effective January 1, 2022, New York State enacted a new constitutional amendment, known as the Green Amendment, or the Environmental Rights Amendment. Embedded within the New York State Constitution at Article I, Section 19, the Amendment assures each individual’s right to clean air, clean water, and a healthful environment. This…

Every community faces a multitude of challenges. Some are more visible than others. But few issues have the capacity to create as much concern and contention as the proposed expansion of a landfill in your neighborhood. In this regard, Seneca County, New York, is no different. The ongoing controversy over…

If you find yourself in a dispute with a state or local administrative board, agency, or officer in New York State, you may need to take legal action to challenge their determinations. In such cases, Article 78 proceedings under the New York Civil Practice Law and Rules (the “CPLR”) come…

Zoning and land use law can be a complicated, niche area of law, and so understanding the intricacies of regulations and requirements is vitally important. One crucial tool for seeking relief from zoning restrictions in New York State is a “use variance.” This blog post explains what a Use Variance…

Under the Marijuana Regulation and Taxation Act (“MRTA”), a new government entity was created to license the cultivation, processing, distribution, sale, and delivery of cannabis in New York State. Each commercial activity involving adult-use cannabis will require a license. Accordingly, because the law generally limits (1) vertical integration and (2)…

After determining that a $66-million-dollar chateau was illegally constructed, a French court ordered the owner to tear it down. The owner had apparently failed to obtain the required planning permissions before constructing the 32,000 square foot palace. Accordingly, the Court ordered the owner to take down the chateau and restore…

On March 30, 2020, Gov. Andrew M. Cuomo issued Executive Order 202.13 which, among other things, modified Executive Order 202.6 to clarify that only certain construction activities will be considered exempt from in-person restrictions as of March 28, 2020 and authorizing Empire State Development Corporation to…

By the end of 2020, more than 40 states could allow some form of legal marijuana / cannabis, including in more conservative jurisdictions, like North Dakota and Mississippi¹. However, because possession of marijuana / cannabis remains illegal under Federal Law, these state-law developments could further increase confusion across the country…

On March 7, 2020, Governor Andrew M. Cuomo issued Executive Order 202 (the “Order”)¹. The Order found that “a disaster is impending in New York State, for which the affected local governments are unable to respond adequately” and, as a result, the Governor exercised his executive authority and declared “a…

On November 18, 2019, the New York State Bar Association’s Committee on Professional Ethics (the “CPE”) issued an opinion that “lawyers may assist clients in complying with New York’s medical marijuana laws,” even though marijuana/cannabis remains illegal under federal law.¹

The CPE reasoned that, although Rule 1.2(d) of the New…

According to a 2019 report, the Metropolitan Transit Authority’s (“MTA”) Traffic Mobility Review Board (“TMRB”) will meet behind closed doors to consider how best to institute “congestion pricing.”¹ According to the MTA, the TMRB — which is tasked with recommending toll prices for drivers entering Manhattan’s central business district —…

Even in states where Cannabis has not yet been legalized for recreational or adult use, many municipalities are starting to consider what they need to do to prepare themselves for legalization. For example, according to recent news reports, local health and criminal justice officials in Philadelphia, Pennsylvania have started to…

In June, a New York State appellate court — the Appellate Division, Fourth Department — struck down a town’s attempt to acquire certain private property rights (an easement) by eminent domain.

The Court’s decision didn’t address policy questions (like whether the Town’s reason for taking the easement outweighed the property…

Earlier this year, an individual and two businesses (“Plaintiffs”) brought suit to challenge the Town of Canandaigua’s local sign ordinance. The complaint, which was filed in the United States District Court for the Western District of New York on June 28, claims that the Town’s local sign law violates Plaintiffs’…

On June 5, 2019, the Observer published an article on a potential Open Meetings Law violation by the Chautauqua County Planning Board. The article alleges that, at a June meeting, the Board was considering an application involving the acquisition of land for soccer fields for Jamestown Community College. Before presenting…