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Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), ___ A.D.3d ____, 2017 N.Y. App. Div. LEXIS 8042, (Nov. 15, 2017), provides some guidance on three important regulatory takings issues.
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