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Town Law Section 272-a(11) requires that all town land use regulations be in accordance with a comprehensive plan “adopted pursuant to this section.” Village Law section 7-722(11) includes a virtually identical provision for village land use regulations. Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance? In Bovee v. Town of Hadley Planning Board, 160 AD3d 1102, decided in April, the Third Department upheld a site plan review statute, once again calling into question whether the statutory requirement of a “comprehensive plan” has any teeth.
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By Paul D. Selver and James P. Power
In Committee for Environmentally Sound Development (“CESD”) v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
By NYRE Staff
Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance
No Specific Performance When Purchaser Failed to Elect Contract Remedies
Subdivision of Dominant Parcel Did Not Terminate Easement
Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property
Questions of Fact Preclude Summary Judgment on Specific Performance Claim
Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners
Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status
Abandonment of Easement By Condominium Unit Owner
Condominium Unit Owner Entitled to Damages for Board’s Failure to Approve Transfer
By NYRE Staff
HSTPA Did Not Apply Retroactively to Personal Use Petition