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Court of Appeals Modifies Standing Test in Land-Use Cases
The recent Court of Appeals decision, Sierra Club v. Vill. of Painted Post, 26 N.Y.3d 301 (2015), places a new perspective on when there is standing to challenge a land-use determination. There has been a long history of judicial analysis of what gives rise to standing to challenge a land-use approval. The interplay between the State Environmental Quality Review Act (SEQRA) and the vast majority of land use approvals has given rise to a number of cases applying and modifying the standing test in the context of SEQRA. Courts have distinguished between the impacts on the public in general and individuals more directly impacted by a proposed development.
“To establish standing under SEQRA, the Petitioners must show (1) that they will suffer an environmental 'injury that is in some way different from that of the public at large,' and (2) that the alleged injury falls within the zone of interest sought to be protected or promoted by SEQRA.” Barrett v. Dutchess Cty. Legislature, 38 A.D.3d 651, (2d Dep't 2007), quoting Soc'y of Plastics Indus. v. Cty. of Suffolk, 77 N.Y.2d 761 (1991).
Presumption of an Injury in Fact
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Major Differences In UK, U.S. Copyright Laws
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.
The Article 8 Opt In
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
Removing Restrictive Covenants In New York
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?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.