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Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them? When the county enacted a local law authorizing a local body to do just that, an environmental group challenged the local law, and the litigation reached Suffolk County Supreme Court in Matter of Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, 2016 NY Slip Op 26321. That court, in an opinion by Justice Thomas F. Whelan, invalidated the local law. The court’s decision appears unimpeachable as a matter of equity, but the legal bases for the court’s decision raise a number of questions.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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