Lawyer allegedly failed to cite in opinion letter newly proposed zoning law changes. Santo Nostrand LLC contacted an attorney at Cozen O’Connor to advise on whether it could build a Walgreens store and parking lot on a specified parcel of land in Bedford-Stuyvesant, Brooklyn. The attorney issued an opinion letter on May 24, 2007, which stated that Santo could construct the store and parking lot in conformity with current zoning laws. The Department of City … <Read More>
Court Decisions
Subpoena upheld over public hearing statement
Landmark West! representative altered public official’s statement when she read it during public hearing. Virginia Parkhouse, a Landmark West! representative, allegedly misread a letter from Manhattan Borough President Scott Stringer into the record at a Landmarks Preservation Commission public hearing. Stringer subsequently informed Landmarks of the misstatement, Landmarks complained to the Department of Investigation, and DOI issued a subpoena to Parkhouse. Parkhouse moved to quash the subpoena, claiming that it interfered with her right to … <Read More>
Owner can sue for damages
City failed to make advance payment to owner after taking property, but continued to charge interest on tax liens. The City acquired title to property through eminent domain for the New Creek Bluebelt project in Staten Island. Because the City did not issue an advance payment to the owner at the time of the taking, it began to pay out six percent interest on the advance payment. The City, meanwhile, continued to charge the owner … <Read More>
Court orders advance condemnation payment
Over one year after City took title of Staten Island property,owner had not received advance payment. As part of the 1989 stormwater management plan developed for Staten Island, the City began acquiring property consisting of stream corridors and wetlands collectively known as the Bluebelt. One property, owned by Ramfis Realty, was part of the eminent domain acquisition approved by the City Council in 2005. Although title had passed to the City in 2008, Ramfis had … <Read More>
Recalcitrant owner of Landmark agrees to $1.1M fine
- Clinton, Manhattan
LPC filed action to compel owner’s repair of landmarked building. After receiving no response to a series of notices regarding the structural instability and deteriorating facade of the landmarked Windermere building at 400 West 57th Street, Landmarks filed suit to compel Toa Construction to repair its building. The action also sought $5,000 in daily civil penalties.
Two months later, a lower court ordered Toa to give Landmarks access to the building to complete … <Read More>
Outdoor advertising regulations upheld
New City regulations would substantially limit billboards near highways. Clear Channel, the owner of large billboards located near arterial highways, and Metro Fuel LLC, the owner of smaller illuminated advertising signs on building fronts and poles close to the street, sued the City, challenging its outdoor advertising restrictions. The companies claimed that the restrictions limiting the location and illumination of commercial billboards and smaller signs, as well as the strict permitting and registration procedures for … <Read More>