In re Jurgielewicz Duck Farm

United States Bankruptcy Court, E. D. NY, No: 8-10-70231-478, May 20, 2010: Held a Debtor in a c. 11 bankruptcy proceeding may not sell its real property free and clear of a Development Rights restriction for agricultural preservation held by a county and town. The Debtor’s debtor-in-possession lender sought to have the property sold free and [...]

IN RE STAHL YORK AVENUE COMPANY LLC v THE CITY OF NEW YORK

Appellate Division Of The Supreme Court Of New York, First Department, no. 107666/07, 2119, June 24, 2010: Upheld the City’s designation of landmark status to two buildings of the “First Avenue Estate” that the City had previously excluded when adjacent buildings where designated as landmarks. The petitioner challenged the City’s turnaround as arbitrary and capricious, [...]

Federal Chesapeake Bay Strategies Issued

Six federal agencies led by the EPA issued the final strategy document, Strategy for Protecting and Restoring the Chesapeake Bay Watershed [EPA‐903‐R‐10‐003] on May 12, 2010, following up an executive order mandating a federal strategy to clean up the Chesapeake Bay. Among the outcomes sought by the strategy is “Protect an additional 2 million acres of [...]

Stonegate Family Holdings v Revolutionary Trails

New York Supreme Court Appellate Division, Third Department, 2010 NY Slip Op 03821, May 6, 2010

Summary judgment upholding the Boy Scouts’ 2002 grant of a conservation easement to NY State that allows public access via a right-of-way that crosses plaintiff-neighbor’s land. At issue was whether the State’s allowing use of the ROW by the public impermissibly [...]

Citizens Emergency Committee to Preserve Preservation v. Tierney

New York State Supreme Court, Appellate Division, First Department.
2010 NY Slip Op 01572 [70 AD3d 576], February 25, 2010

The New York City landmarks commission’s refusal to act on a citizens’ group landmarks petitions was allowed by this appeals court decision, overturning a lower court’s grant of mandamus. The appeals court found the citizens’ group lacked standing, [...]

Historic Albany Foundation, Inc. et al. v Planning Board of the City of Albany and The Fort Orange Club

Supreme Court, Albany County, 2010 NY Slip Op 50200(U) 434-10
February 10, 2010.

The court rejected on ripeness grounds the petition of Historic Albany Foundation to appeal a permit for demolition of two 19th century historic structures. The Foundation alleged, inter alia, a failure to prepare a full environmental impact statement in accordance with SEQRA [the NY [...]