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A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness. Initially, there was also a claim of violation of the Religious Land Use and Institutionalized Persons Act (42 USC §2000cc et. seq.) which was abandoned during the course of the litigation. The New York Court of Appeals in Town of Delaware v. Leifer, ___ NY3d ___ (2019), found there was no violation of the right to free speech and the law was not void for vagueness.
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By Stewart E. Sterk
No one disputes that the property tax system in New York City is byzantine. In Tax Equity Now LLC v. City of New York, the First Department confronted what it viewed as a very different question: is it illegal. The court concluded that it is not, rejecting a variety of claims and leaving any reform to the legislature.
Equitable Mortgage Enjoys Priority over Mortgage Recorded After Filing of Notice of Pendency
Purchaser from Church Not Entitled to Specific Performance
Questions of Fact Preclude Summary Judgment on Prescriptive Easement Claims
Hearing Necessary to Determine Whether Mortgagee De-Accelerated Mortgage
Loft Board Lacks Authority to Supervise Legalization Once Tenants Withdraw Application
Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance