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…