Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Development
Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA
Frontier Stone, LLC v. Town of Shelby 174 A.D.3d 1382 Fourth Dept. (memorandum opinion)
In a combined article 78 proceeding/declaratory judgment action challenging the town's prohibition on mining in a wildlife refuge overlay district, plaintiff stone mining company appealed from Supreme Court's dismissal of the petition. The Appellate Division affirmed, rejecting the company's contentions that the zoning prohibition was inconsistent with the town's comprehensive plan, was enacted in violation of SEQRA, and was pre-empted by state law.
In 2006, the mining company applied for a mining permit for a stone quarry in an agricultural/residential district (AR) within the town. The town then enacted a moratorium on processing special permit applications for mining projects. Then, in 2007, the town removed mining and excavation from the list of conditional uses within the AR district, limiting mining to a newly created ME overlay district, and requiring a special use permit and an approved site plan. In 2017, the town created a wildlife refuge overlay district. The mining company's parcel lies in a buffer area of land within the wildlife district. Mining and excavation is prohibited within the site. The company challenged the 2017 district on several grounds, but Supreme Court rejected those claims, prompting appeal.
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 [email protected] 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.
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.
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.
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?