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Features
How Much Deference to Public Use Determinations?
Stewart E. Sterk
How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
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Columns & Departments
NYRE Staff
Invalid Condition on Special Permit Does Not Invalidate Permit
Landmark Commission’s Certificate of Appropriateness Upheld
Area Variances Upheld
Negative Declaration on Zoning Amendment Upheld
BSA Misconstrued Curb Level Provision In Zoning Resolution -
Columns & Departments
NYRE Staff
Tax Deed Invalid for Inadequate Notice
Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner’s Parcel -
Columns & Departments
NYRE Staff
Ambiguities Prevent Summary Judgment In Action on Guaranty
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Columns & Departments
NYRE Staff
Unit Owner Failed to Establish Full Title As Surviving Joint Tenant
Association Denied Summary Judgment In Unit Owner’s Claim Of Improper Waiver of Dues -
Columns & Departments
NYRE Staff
Claimant Not Entitled to Consequential Damages of Lack of Access
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