Development and Land Use

NY’s Governor Cuomo Signs Law Introducing One-Stop Shop for Renewable Energy Project Permitting

On April 3, 2020, with the passage of the Accelerated Renewable Energy Growth and Community Benefit Act, New York adopted sweeping changes to the siting of large-scale renewable energy projects.[1] The new law will streamline and accelerate the permitting and construction of renewable energy projects, and is intended to help New York achieve the Climate…

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Clarity Begins to Emerge Concerning Permissible Essential Construction In New York

A number of state and local agencies have issued guidance on the ban on non-essential construction that was announced by Governor Cuomo on March 27, 2020.  Friday’s amendment to the guidance regarding work-at-home requirements under Executive Order 202.6 bans all construction in the State except for projects deemed “essential,” which the State says includes “roads,…

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The Gray Area: When Is Work Essential and When Is It Not?

Day to day and hour to hour, the rules keep changing—what was deemed essential, and therefore exempt from work-at-home requirements under Executive Order 202.6 yesterday may not be considered essential today.  As of yesterday, State guidance permitted all construction work to proceed under the Executive Order. This morning, New York Governor Andrew Cuomo declared that…

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Coronavirus and Construction Project Delays

The rapid spread of the novel coronavirus is, at least within the last century, an unprecedented event.  Few segments of the economy have been spared the impact that the pandemic has had and will continue to have on business and productivity.  The impact will likely be the most profound for those industries that cannot count…

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Appellate Division Affirms Dismissal of Challenge to the American Museum of Natural History’s Gilder Center Project

In a decision dated April 18, 2019, the Appellate Division, First Department unanimously and emphatically affirmed a lower court ruling dismissing the lawsuit challenging the legality of the American Museum of Natural History’s Richard Gilder Center for Science, Education, and Innovation. The Gilder Center will, inter alia, expand and modernize the Museum’s educational facilities, create…

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Town of East Fishkill Defeats Zoning Challenge

In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit…

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