Land Use & Zoning
We represent clients in all aspects of land use and zoning issues, including permitting and variance requests, zoning requests and hearings, appeals of administrative and governmental decisions regarding land use, property due diligence, Article 78 and land use litigation. Through strong project management skills and a detailed understanding of deadlines and time constraints, we have built a proud reputation and substantial practice that includes such clients as major retail chains, commercial and residential developers and homebuilders.
Our zoning and planning work on behalf of our clients extends to site plan approvals, special use permits, variance relief and subdivision approvals, plus administrative and quasi-judicial proceedings involving municipal bodies and zoning and planning boards.
Every day, individuals and businesses throughout New York are faced with countless administrative and code enforcement concerns. Whether the issue is compliance, permitting, licensing or application preparation, our attorneys advise and represent clients before local and state boards, agencies and commissions.
Court challenges to action or inaction by municipal agencies and officers are brought pursuant to Article 78 of the Civil Practice Law & Rules (CPLR). After reviewing the case and scrutinizing the agency’s actions and decisions, the State Supreme Court may ultimately reverse an agency’s decision or procedures, or alternatively order the agency to expedite its decision. Barclay Damon has successfully represented municipalities and their respective agencies in Article 78 proceedings of all types, having had many such lawsuits dismissed.
Our attorneys also advise municipal clients on the full spectrum of environmental issues arising from land use and development, solid waste management, resource recovery and recycling. Using the latest methods and resources, we provide expert counsel on compliance with SEQRA, the Clean Air Act, Clean Water Act, SARA/Community Right-to-Know laws, RCRA, TSCA, OSHA, and their New York State counterparts.