The Latest Word on RLUIPA
March 30, 2006
The impact of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) on the power of local zoning authorities has been the subject of much concern across the country. In New York, the primary focus of attention has been on efforts by the Village of Mamaroneck to thwart the expansion plans of the Westchester Day School (WDS), which has operated a Jewish day school in a residential neighborhood for more than 50 years. The latest chapter in the saga is an opinion by Judge Conner of the Southern District ordering the Mamaroneck Zoning Board of Appeals to approve the Day School's special permit application. The opinion is noteworthy on two fronts: first, for its broad construction of 'religious exercise,' and second for its treatment of the compelling government interests that might justify placing a substantial burden on religious exercise.
Index
March 30, 2006
Everything in this issue, listed in an easy-to-use format.
Caught in the Middle
March 30, 2006
<b><i>Part One of a Two-Part Article.</i></b> Having served as a financial and valuation expert in matrimonial proceedings for over 25 years, I, along with other veteran practitioners, have witnessed a fast-paced evolution of matrimonial litigation since the adoption of the concept of equitable distribution. Aside from the issues of fault, parenting and spousal and child support, the valuation of professional practices, closely held business and enhanced earnings, have been a major focus in numerous matrimonial cases. In many situations, a battle of the experts ensues over valuation issues, resulting in significant cost to the parties, and greater inevitability of trial. Judges are confronted with hearing and trying to understand the testimony of the experts and are left with the unenviable task of deciding between the opposing opinions based on issues of credibility and economic soundness.
Fair Access to Courts
March 30, 2006
The problem of access to the matrimonial courts of this state ' both literal and qualitative access ' was one of the several issues addressed in the report presented in February to Chief Judge Judith S. Kaye by the Matrimonial Commission she appointed to study the state of family practice in New York. The report's authors identified several aspects of the current system they deemed deficient, and they offered concrete suggestions for fixing some of them. However, they also often concluded that despite their months of study, many problems still needed further investigation. Following are some of the main court-access issues studied and the Commission's recommended plans for improving fairness for all litigants.
Trust Assets and Divorce: NY and England
March 30, 2006
A divorcing client with potential jurisdictional ties to more than one country or state confronts his or her attorney with some unique preliminary questions. Which jurisdiction offers the potential for the best outcome for the client on issues of grounds, child custody, and so forth? A subject discussed less often is the treatment of trust property.
