Bruce William Migatz's Legal Cases (3)

Land use and zoning

In the Matter of Colin Realty v. Town of North Hempstead, 24 N.Y.3d 96 (2014)

Oct 16, 2014

OUTCOME: In overturning a 1972 decision, New York State's highest court, the Court of Appeals, held a parking variance was an area variance.

The question before New York State's highest court was whether a parking variance was a use variance or an area variance.

Land use and zoning

Marchand v. New York State Department of Environmental Conservation, et al.

Jun 27, 2012

OUTCOME: New York State's highest court, the Court of Appeals, held that a private road cannot become a street by prescription if it is not regularly maintained by the municipality.

The question before the Court was if a certain private road became a public street by prescription.

Land use and zoning

Cohen v. Board of Appeals of Village of Saddle Rock, 100 N.Y.2d 395 (2003)

Jul 02, 2003

OUTCOME: New York State's highest court, the Court of Appeals, held that local muncipalities cannot supercede State law standards for area variances.

The question before the Court was whether the State preempted the field of area variance review when it enacted Village Law Section 7-712-b(3).

Transform legal challenges into solutions.

Connect now to review your situation.

The Avvo Rating explained

The Avvo Rating explained