Law.com Subscribers SAVE 30%
Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
Zoning Estoppel
What remedies are available to a developer who expends substantial funds in reliance on an invalidly issued permit? The Court of Appeals addressed that issue in March in Matter of Perlbinder Holdings, LLC v. Srinivasan, NYLJ 3/25/16, p. 22., col. 1. The court's conclusion ' that a developer's remedy is to seek a variance, not to claim vested rights or estoppel against the municipality ' is consistent with pre-existing New York law, but may, in some circumstances, be quite problematic for “innocent” developers.
The Perlbinder Case
Perlbinder maintained an advertising sign on the side of a building it owns on Second Avenue in Manhattan. Although a permit was originally issued for the sign, subsequent amendments of the zoning ordinance made the sign a lawful nonconforming use. In 2002, Perlbinder obtained a zoning variance to build a new 34-story building on the site and to relocate the original sign, with slightly modified dimensions. Perlbinder did not complete the building or the new sign. In 2008, the Department of Building (DOB) issued a violation for failure to maintain the original building, which was now vacant. After a declaration of emergency, both the building and the original sign were demolished.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at customercare@alm.com or 877-256-2473
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.
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.
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.
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?