Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
New York City’s 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance. For the People Theaters of N.Y., Inc. v. City of New York, 29 NY3d 340, rearg. den 29 NY3d 1115. Unless the United States Supreme Court intervenes, the court’s analysis should make it significantly easier for New York municipalities to defend adult use ordinances against First Amendment attack.
By Stewart E. Sterk
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.
Ownership of Shifting Beaches
Brokerage Commission Provision Expired
Adverse Possession/Tennis Court
Deed Obtained by False Pretenses
Negative Declaration/Time Bar
No Estoppel Against Village
Denial of Area Variance
Prior Judgment Does Not Bar Breach Claim
Accommodation of Disabilities