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New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan. Matter of Bonacker Property LLC v. Village of East Hampton, NYLJ 1/25/19, p. 29, col. 2 (App Div, Second Dept.), represents one of the most recent examples.
By Deborah E. Riegel
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Cemetery Entitled to Use Variance
ZBA Usurpation of Planning Board Authority
Statutory Factors Need to Be Considered In Denial of Area Variance
Condemnation Award Reduced
Title Insurance Inducements
Purchaser’s Willful Default/Down Payment
Tortious Interference Claim Reinstated