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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 Stewart E. Sterk
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?
City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client
Amendment to Association Bylaws Not Effective Until They Are Recorded
Seller Entitled to Cancel Contract When It Could Not Clear Title
Buyer’s Waiver of Defects In Title Preclude Cancellation By Seller
Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues
Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner
Easement By Prescription Established
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied