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In a case addressing what consulting fees (in particular attorneys’ fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange (– N.Y.S.3d –, 2018 WL 4905436, at 1 (Oct. 10, 2018)) found that the Town had overreached its statutory authority. Petitioner, an amateur radio operator, received an FCC license to operate a ham radio station at his single-family home. He sought a special use permit to allow him to construct a 100-foot ham radio antenna structure (that would be 18 inches by 18 inches wide). As the Town limited the height of “towers” to 35-feet, Petitioner also sought an area variance for the height of his proposed antenna.
Enforcement of Obligations Imposed In SEQRA Findings Statements
By Stewart E. Sterk
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
By NYRE Staff
Encroachment By Party Wall Will Not Support a Notice of Pendency
Questions of Fact Remain In Party Wall Dispute
Easement Was Only for Access
Seller’s Failure to Provide Estoppel Certificates Excuses Purchaser from Performing
Equitable Title Claim Upheld
By NYRE Staff
Nonpayment Proceeding Not Available for Use and Occupancy
Questions of Fact About Whether Landlord Accepted Surrender
Improper Withholding of Consent Does Not Excuse Guarantor
Loft Board’s Rejection of Abandonment Petition Upheld
By NYRE Staff
Town Law Does Not Require Public Hearing On Site Plan Approval
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