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In a case addressing what consulting fees (in particular attorneys’ fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange (– N.Y.S.3d –, 2018 WL 4905436, at 1 (Oct. 10, 2018)) found that the Town had overreached its statutory authority. Petitioner, an amateur radio operator, received an FCC license to operate a ham radio station at his single-family home. He sought a special use permit to allow him to construct a 100-foot ham radio antenna structure (that would be 18 inches by 18 inches wide). As the Town limited the height of “towers” to 35-feet, Petitioner also sought an area variance for the height of his proposed antenna.
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Challenge to Property Tax Rejected
By Stewart E. Sterk
No one disputes that the property tax system in New York City is byzantine. In Tax Equity Now LLC v. City of New York, the First Department confronted what it viewed as a very different question: is it illegal. The court concluded that it is not, rejecting a variety of claims and leaving any reform to the legislature.
By ssalkin
Equitable Mortgage Enjoys Priority over Mortgage Recorded After Filing of Notice of Pendency
Purchaser from Church Not Entitled to Specific Performance
Questions of Fact Preclude Summary Judgment on Prescriptive Easement Claims
Hearing Necessary to Determine Whether Mortgagee De-Accelerated Mortgage
By ssalkin
Loft Board Lacks Authority to Supervise Legalization Once Tenants Withdraw Application
Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
By ssalkin
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
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