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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.
By Stewart E. Sterk
In Peyton v. New York City Board of Standards and Appeals, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution?
Tenant’s Contractor Has Lien Against Landlord’s Interest
Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor
Landlord Bound By Rent Mistakenly Set By Temporary Receiver
Lot Owner Lacks Standing to Compel Payment of Assessments
No Foreclosure Jurisdiction Over Deceased Owners
Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription
Zoning Board Bound By Prior Determination
Planning Board Had Rational Basis to Require Church to Record an Easement
Special Permit Denial Overturned
Restrictive Zoning Ordinance Sustained Against Multiple Challenges