Entries tagged: municipal

Supreme Court Settles Important Taking Question

By: Frederick Eisenbud, Esq.

Posted: June 29th, 2017

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On June 23, 2017, in Murr v. Wisconsin, the U.S. Supreme Court addressed whether adjacent properties owned by the same owner may be combined for purposes of determining if there has been a regulatory taking without compensation. The Court ruled that a Wisconsin regulation preventing the owners of two adjacent parcels from selling or developing […]

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Ensuring Uniform Application of the Fair Housing Act

By: Joe Campolo, Esq. , Lauren Kanter-Lawrence, Esq.

Posted: June 20th, 2017

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“End the unnecessary exclusion of persons with handicaps from the American mainstream”[1]: Safe Harbor Retreat’s Efforts to Ensure Uniform Application of the Fair Housing Act Editor-in-Chief: Patricia E. Salkin, Esq. Managing Editor: Emily Howard, Esq. Under the Fair Housing Act, when does the denial of an applicant’s request for a reasonable accommodation become justiciable?  The answer […]

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Legislative Update: A Long-Awaited Solution to a Mortgage Foreclosure Problem?

By: Scott Middleton, Esq.

Posted: September 26th, 2016

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This past June, Governor Cuomo signed legislation that imposes pre-foreclosure duties on banks and servicing companies. After it goes into effect this December, it is anticipated that a problem that has plagued local municipalities for years with respect to abandoned residential properties will begin to subside. Now, under the Real Property Actions and Proceedings Law […]

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The GAO Finds That the EPA Violated Propaganda and Lobbying Provisions Through Its Use of Social Media

By: Jack Harrington, Esq.

Posted: September 21st, 2016

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    Social media’s ubiquitous presence in the lives of many Americans has transformed the way government communicates and interacts with the citizenry.  Nearly every politician, from the President of the United States to mayors of America’s smallest towns, has a Twitter account.  Governments increasingly rely on social media to engage the public, providing information […]

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Campolo, Middleton & McCormick Petitions U.S. Supreme Court in Fair Housing Act Case

By: Lauren Kanter-Lawrence, Esq.

Posted: May 26th, 2016

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Campolo, Middleton & McCormick, LLP, a premier law firm, has filed a petition with the United States Supreme Court on behalf of Safe Harbor Retreat, a residence in East Hampton, New York, for individuals in recovery from drug and alcohol addiction.  The May 18, 2016 petition asks the nation’s highest court to settle a split […]

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Court of Appeals Restricts the Ability to Challenge a SEQRA Positive Declaration Requiring Preparation of a Draft Environmental Impact Statement

By: Frederick Eisenbud, Esq.

Posted: April 22nd, 2016

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If an agency such as a Town Board, Planning Board, or a Board of Zoning Appeals finds that an application before it may cause a substantial adverse impact on the environment, it is required by the State Environmental Quality Review Act (“SEQRA”) to adopt a positive declaration, and require preparation of a Draft Environmental Impact […]

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Court of Appeals Expands Environmental Standing to Challenge SEQRA Determinations

By: Frederick Eisenbud, Esq.

Posted: November 23rd, 2015

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On November 19, 2015, in Sierra Cub v. Village of Painted Post, New York’s highest court, the Court of Appeals, reversed a decision by the Appellate Division, Fourth Department, which had found that an individual petitioner lacked standing to challenge actions of the Village of Painted Post on State Environmental Quality Review Act (“SEQRA”) grounds.  […]

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SAPA and Timely and Sufficient DEC Permit Renewal Applications

By: Frederick Eisenbud, Esq.

Posted: September 25th, 2015

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As published in the September issue of the Suffolk Lawyer On August 27, 2015, Newsday reported that Baykeeper, an environmental group, intends to commence a lawsuit against the New York State Department of Environmental Conservation (“DEC”) and National Grid because the effluent from the Northport power plant is killing millions of fish each year.  The […]

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The Towns Must Step Up Environmental Review of Commercial Solar Projects in Suffolk County Because They Can’t Rely on LIPA to Do It

By: Frederick Eisenbud, Esq.

Posted: June 22nd, 2015

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LIPA apparently believes, contrary to all evidence, that it need not comply with the State Environmental Quality Review Act (“SEQRA”)[1] before it approves 20-year, fixed rated Power Purchase Agreements for commercial solar electrical generating facilities.  One reason may be that it believes the State exempted it from environmental review in 2011 when the State enacted […]

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Tiger Salamanders and Industrial Scale Solar Facilities in Suffolk County

By: Frederick Eisenbud, Esq.

Posted: May 20th, 2015

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I have previously written blogs that have questioned LIPA’s focus on industrial scale solar projects in Suffolk County.[1]  Dyed-in-the-wool environmentalists find this blasphemous, and feel particularly betrayed by the author, who has focused his practice on environmental law and litigation for more than thirty years.  The rationale for their unquestioned fealty to solar regardless of […]

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