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Selling the State's Zoning Exemption?

By Stewart E. Sterk
March 31, 2005

The Court of Appeals recently confronted a significant zoning issue: When, and on what terms, can the state or a state agency transfer to a private entity its exemption from local zoning restrictions? In Matter of Crown Communication New York, Inc. v. Department of Transportation (NYLJ 2/14/05, p. 19, col. 4), a divided court held that telecommunications towers erected on state land were immune from local zoning regulations even when the much of the space on the towers had been leased to private companies. The court's decision, however, raises as many questions as it resolves.

Crown Communications: Background

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