Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Matter of Kogut v. Village of Chestnut Ridge, 2023 WL 2506325, AppDiv, Second Dept. (memorandum opinion)
In landowners' hybrid article 78 proceeding and declaratory judgment action challenging enactment of a local law, the village appealed from Supreme Court's denial of its motion to dismiss three causes of action. The Appellate division affirmed, holding that landowners had standing to challenge the local law and that the village's evidence did not support dismissal of the landowners' claim that the local law violated SEQRA.
In 2018, the village board of trustees first considered a proposed House of Worship Law (HOW law) that would permit additional gathering places and houses of religious worship in residential districts, subject to issuance of a conditional use permit. The village considered a full environmental assessment form and issued a negative declaration under SEQRA. On Feb. 21, 2019, the village board enacted the HOW law. Landowners, who own homes affected by the ordinance, brought this proceeding contending that the village had failed to comply with SEQRA. Supreme Court denied the village's motion to dismiss.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?