Litigation, Article 78 Proceedings and Appeals

HTW has an extensive litigation practice.  The unfortunate realty is that litigation is often a necessary tool for property owners and developers when their rights are arbitrarily or wrongfully denied or if it becomes necessary to defend hard-won approvals against proceedings brought by landowners or community or special interest groups. Accordingly, the majority of HTW’s cases relate to zoning, land use and entitlements or associated environmental issues.  They range from Article 78 proceedings, in which the determination of a land use board or local legislative body is challenged or defended, to actions commenced to invalidate zoning, rental or other land use or environmental regulations, as well as litigation brought to vindicate constitutional and civil rights under, among other things, the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution and federal civil rights laws (42 U.S.C. §§1983 and 1988).

HTW’s litigation practice is not limited solely to zoning.  It includes other property rights claims involving easements, adverse possession, ownership and boundary disputes, real property disputes, oil spills, nuisance claims, and general civil litigation relating to partnership and business disputes, breach of contract actions and defamation cases.

HTW’s attorneys also have an active appellate practice, having handled dozens of appeals, both in the land use field and on a variety of other topics.

Representative cases include:

Bayswater Realty & Capital Corp. v. Planning Board of Town of Lewisboro, 76 N.Y.2d 460, 560 N.Y.S.2d 623 (1990).

Falcon Group Limited Liability Company v. Town/Village of Harrison Planning Board, 131 A.D.3d 1237, 17 N.Y.S.3d 469 (2d Dep’t 2015).

Tupper v. City of Syracuse, 93 A.D.3d 1277, 941 N.Y.S.2d 383 (4th Dep’t 2012).

Tupper v. City of Syracuse, 71 A.D.3d 1460, 897 N.Y.S.2d 573 (4th Dep’t 2010).

Gasland Petroleum, Inc. v. Planning Board of Town of Beekman, 50 A.D.3d 1039, 857 N.Y.S.2d 854 (2d Dep’t 2008).

Village of Tarrytown v. Planning Board of Village of Sleepy Hollow, 292 A.D.2d 617, 741 N.Y.S.2d 44 (2d Dep’t 2003).

Hjerpe v. Globerman, 280 A.D.2d 646, 721 N.Y.S.2d 367 (2d Dep’t 2001).

Rhinebeck Realty, LLC v. Town of East Fishkill Zoning Board of Appeals, Index No. 2015/3673 (Sup.Ct. Dutchess Co. 2016).

Normoyle v. Town of Eastchester Zoning Board of Appeals, Index No. 2015/33686 (Sup.Ct. Westchester Co. 2016).

Mignone v. Town of Eastchester Zoning Board of Appeals, Index No. 2016/58557 (Sup.Ct. Westchester Co. 2016).

Baxter v. Town of Yorktown, Index No. 2008/14078 (Sup. Ct. Westchester Co. 2009).

Hoenig v. Town of Yorktown, Index No. 2006/02913 (Sup.Ct. Westchester Co. 2007).

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