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New York Real Estate Law Reporter
Open Space Accessibility and the Conundrum of High Stakes Zoning Disputes
By Philip E. Karmel, James P. Colgate and Judith M. Gallent
The New York Court of Appeals’ recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as “open space.”
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Commercial Leasing Law & Strategy
Floor Area Bonuses Allowed for Mixed-Used Properties Under the Philadelphia Zoning Code
Alan Nochumson and Clementa Amazan
Part Two In a Series
In this part of the series on “zoning” bonuses in the city of Philadelphia, we explore Floor Area Bonuses provided under the Mixed Incoming Housing, Green Building, and Underground Accessory Parking & Loading Bonuses.
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New York Real Estate Law Reporter
The Comprehensive Plan Requirement
Stewart E. Sterk
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?
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Entertainment Law & Finance
‘Graffiti’ Artists Prevail Under VARA Over Property Owner
Matthew V. Wilson and Tucker Barr
The culturally conscious property owner may be interested in commissioning an artist to beautify the outdoor wall of the owner’s warehouse space. However, it’s important to understand the legal effect of commissioning such work and the scope of rights that the property owner acquires and surrenders as a result.
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New York Real Estate Law Reporter
Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs
Steven C. Russo and Evan Preminger
The New York Court of Appeals has long established that an agency’s assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.
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New York Real Estate Law Reporter
Clarity for New York Takings Law
Jon Houghton
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.), provides some guidance on three important regulatory takings issues.
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New York Real Estate Law Reporter
Development
Analysis of a case in which a moratorium was invalidated.
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New York Real Estate Law Reporter
Real Property Law
Analysis of key rulings involving adverse possession, "stranger to the deed," and a claim against a homeowners association.
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New York Real Estate Law Reporter
Development
Discussion of a case in which a restaurant owner planned to demolish the existing building on a leased parcel to build a 5400-square-foot restaurant
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New York Real Estate Law Reporter
Real Property Law
A look at two key rulings.
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New York Real Estate Law Reporter
Adult Use Zoning in New York
Stewart E. Sterk
New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.
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New York Real Estate Law Reporter
Development
Analysis and discussion of several important cases.
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Commercial Leasing Law & Strategy
Surviving the Retail Shift
Kelly D. Stohs and David P. Vallas
Balancing Creative Uses with
Co-Tenancy Provisions
Part Three of a
Five-Part Series
The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
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New York Real Estate Law Reporter
Real Property Law
Discussion and analysis of three major rulings.
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Commercial Leasing Law & Strategy
Developing Brownfields
Paul M. Schmidt
This article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.
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New York Real Estate Law Reporter
Development
A look at a case in which, in a developer's article 78 proceeding challenging the town's denial of its application to rezone property, the town moved to dismiss.
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New York Real Estate Law Reporter
Real Property Law
Analysis and discussion of five major rulings.
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New York Real Estate Law Reporter
Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA
Steven M. Silverberg
A recent decision described herein appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.
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Commercial Leasing Law & Strategy
In New York: Public Trust Doctrine Thwarts Retail Mall
Stewart E. Sterk
In Matter of Avella v. City of New York, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.
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New York Real Estate Law Reporter
Development
Analysis of cases involving the Open Meetings Law, parkland fees, development fees, and a challenge to an ordinance's constitutionality.
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New York Real Estate Law Reporter
Real Property Law
In-depth analysis and discussion of seven key rulings.
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New York Real Estate Law Reporter
U.S. Supreme Court Addresses the 'Denominator Problem'
Stewart E. Sterk
In a recent case, the U.S. Supreme Court applied what has come to be known as the Penn Central balancing test to uphold New York City's refusal to approve an office tower atop Grand Central Terminal.
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New York Real Estate Law Reporter
Development
A look at several rulings, including an article 78 proceeding challenging grant of an area variance to proposed operators of a religious school.
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New York Real Estate Law Reporter
Eminent Domain Law
Analysis of a case involving condemnation.
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Commercial Leasing Law & Strategy
Confidential Lease Terms Versus Public Access to Government-Held Documents
Janice G. Inman
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
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New York Real Estate Law Reporter
Real Property Law
In-depth analysis and discussion of several important rulings.
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New York Real Estate Law Reporter
Real Property Law
In-depth analysis of several key rulings.
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Commercial Leasing Law & Strategy
In NY, New SEQRA Regulations Finally Appear on the Horizon
Charlotte A. Biblow
At last, it appears that the NYSDEC is on the verge of finalizing new SEQRA regulations. Here is a look at the final proposed regulations and what they will mean.
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New York Real Estate Law Reporter
Development
A look at a case involving a billboard variance.
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New York Real Estate Law Reporter
Real Property Law
Discussion and analysis of several key cases.
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New York Real Estate Law Reporter
Development
Discussion of two rulings of interest to you and your practice.
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New York Real Estate Law Reporter
Real Property Law
A look at two recent cases of interest.
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Commercial Leasing Law & Strategy
The 'Death Spiral' of Malls
Eric S. Chafetz
It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.
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Commercial Leasing Law & Strategy
Eminent Domain: Establishing the Highest and Best Use
Janice G. Inman
When a building or lot is taken through eminent domain, the value of the property often becomes a matter of dispute between the government and the owner. What if the property had the potential to become more developed?
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The Matrimonial Strategist
Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce
Eli Uncyk and Jeffrey S. Kofsky
Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.
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