Law.com Subscribers SAVE 30%

Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.

Settlement of Zoning Disputes

By Stewart E. Sterk
January 28, 2008

What power does a municipality's counsel have to settle a zoning dispute on terms that would ordinarily require the exercise of discretionary authority by a zoning board of appeals (ZBA) or by a planning board? In Matter of Commco, Inc. v. Amelkin, 62 NY2d 260, which was decided more than 20 years ago, the Court of Appeals indicated that counsel had no such settlement power, even if counsel acted with the approval of the municipality's elected governing body. The court's recent decision in Matter of Haberman v. Zoning Board of Appeals, 9 NY3d 269 (infra, page 4), imposes modest limits on the scope of Commco and provides an occasion for reconsideration of the issue.

Commco

In Commco, a landowner had sought a use variance to permit conversion of an abandoned school building into a home for senior citizens. The ZBA denied the variance, and the landowner brought an article 78 proceeding challenging the denial. The Supreme Court annulled the denial, and after the town attorney filed a notice of appeal on the ZBA's behalf, the town board replaced the town attorney with separate counsel and authorized settlement negotiations. Special counsel and the landowner entered into a stipulation of settlement granting the variance and imposing conditions on the project. Special counsel then moved to withdraw the ZBA's appeal, and the Appellate Division granted the motion. The ZBA then moved to vacate the withdrawal, but the Appellate Division denied the motion, and the Court of Appeals granted leave to appeal.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at customercare@alm.com or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.