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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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By Steven M. Silverberg
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
Out of Possession Landlord’s Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability
Out of Possession Landlord Liability for Injuries on Abutting Sidewalk
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Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate
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Tenant Not Relieved of Obligation to Pay Real Estate Taxes
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Temporary Flooding Not a De Facto Taking
Business Judgment Rule Protects Parking Fee Determination