On Behalf of Developers and Property Owners
DLV Quogue v. Town of Southampton, (Sup. Ct. Suffolk Co. 2020): Obtained precedent setting decision that a claim upon which relief could be granted was stated for a violation of due process of law under 42 U.S.C. § 1983 arising from the failure of a town board to approve the proposed rezoning of property. The case is now before the Court on cross-motions for summary judgment.
Amper v. Town of Southampton Planning Board: (Sup. Ct. Suffolk Co. 2021): Obtained dismissal of litigation challenging preliminary plat and site plan approval for lack of standing to sue.
Yeshiva Talmud Torah Ohr Moshe v. Zoning Board of Appeals of the Town of Wawarsing, 170 A.D.3d 1488 (3d Dept. 2019): successful appeal overturning a determination of the Wawarsing Zoning Board of Appeals unlawfully precluding religious educational use of property.
Sullivan County Venture Capital Group, LLC v. Town of Fallsburg (Sup. Ct. Sullivan Co. 2017): retained to challenge the legality of a land use moratorium. The litigation was settled exempting the client’s property from the moratorium.
South Bronx Unite! v. New York City Industrial Development Agency, 115 A.D.3d 607 (1st Dept. 2014): successfully defended approval of Fresh Direct project on behalf of Harlem River Yard Ventures, LLC.
Tuxedo Land Trust, Inc. v. Town Board of Town of Tuxedo, 112 A.D.3d 726 (2d Dept. 2013): On behalf of the Related Companies, successfully obtained dismissal of challenges to project approvals in a precedent-setting decision denying standing to sue by nearby property owners.
Sovak v. Cornwall-on-Hudson, (Sup. Ct. Orange Co. 2006): successfully challenged an illegal condition on subdivision approval that prohibited all future subdivision of the client’s land.
Montgomery Group, LLC v. Town of Montgomery 4 A.D.3d 458 (2d Dept.2004): successfully overturned the denial of a variance from a zoning moratorium.
Deer Mesa Corp. v. Los Tres Valles Special Zoning District, 103 N.M. 675 (Ct. App. 1985): successfully challenged the constitutionality of the New Mexico Special Zoning District Act.
Schreiner v. AMDEC (Dist. Ct., Bernalillo Co. 1985): prevailed at trial overturning denial of building plans by the board of a subdivision homeowner’s association.
On Behalf of Municipalities and Quasi-Governmental Entities
Ridgewood Briarcliff Owner, L.L.C. v. The Village of Briarcliff Manor: retained to defend the Village in a constitutional attack on the rezoning of certain commercial properties; case settled when the property was sold.
Save the View Now v. Brooklyn Bridge Park Corporation, 156 A.D.3d 928 (2d Dept. 2017): successfully obtained dismissal of a challenge to approval of a hotel in the Brooklyn Bridge Park.
Brooklyn Bridge Park Legal Defense Fund, Inc. v. New York State Urban Development Corporation, 50 A.D.3d 1029 (2d Dept. 2008); successfully defended Brooklyn Bridge Park development project approval against claims of SEQRA and public trust doctrine violations.
LaBarbera v. Town of Woodstock, 29 A.D.3d 1054 (3d Dept. 2006); 55 A.D.3d 1093 (3d Dept. 2008): successfully defended legality of a conservation easement imposed by the Town of Woodstock to preserve the Comeau Property, its equivalent of New York City’s Central Park.
Nozzleman 60, LLC v. Cold Spring Zoning Board of Appeals, 34 A.D.3d 682 (2d Dept. 2006): retained by the Village of Cold Spring on appeal and successfully reversed a lower court decision invalidating a variance denial.
Rye Citizens Committee v. Board of Trustees for the Village of Port Chester, 249 A.D.2d 478 (2d Dept. 1998): successfully defended a development approval against a claim of spot zoning.
City of Albuquerque v. Browner, 97 F.3d 415 (10th Cir. 1996): represented NM Municipal League as amicus curiae regarding application of Native American water quality standards to a municipality.
Westgate Families v. County Clerk of Los Alamos, 100 N.M. 146 (Sup. Ct. N.M. 1983): represented NM Municipal League as amicus curiae regarding challenge to a referendum on a rezoning ordinance.
Temple Baptist Church v. Albuquerque, 98 N.M. 138 (Sup. Ct. N.M. 1982): successfully defended the constitutionality of a municipal sign ordinance against religion-based challenge .
On Behalf of Environmental/Community Organizations
West Branch Conservation Association v. Town of Ramapo, 284 A.D.2d 401 (2d Dept. 2001): successfully attacked a rezoning of property as “spot zoning.”
Moss v. Planning Board of the Village of Montgomery, 251 A.D.2d 418 (2d Dept. 1998): successfully overturned land use approvals for a gasoline station and convenience mart.