Development and Land Use
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…
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…
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…
NY Supreme Court Dismisses ULURP/SEQR Challenge to American Museum of Natural History’s Gilder Center Project
In a decision dated December 10, 2018, Hon. Lynn Kotler of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the American Museum of Natural History’s Richard Gilder Center for Science, Education, and Innovation for failure to comply with New York City’s Uniform Land Use Review Procedure…
New York Supreme Court Dismisses Challenge to CEQR Technical Manual and Bedford Union Armory Redevelopment
In a decision dated July 11, 2018, Hon. Carmen Victoria St. George of the New York Supreme Court, New York County, dismissed in its entirety litigation challenging the legality of the City Environmental Quality Review (“CEQR”) Technical Manual and the environmental review of the Bedford Union Armory Redevelopment project (the “Project”).[1] The CEQR Technical Manual,…
DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications
On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…
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