O'Mara v Town of Wappinger
About This Legal Opinion
Finding no state case law on the enforceability of a zoning regulation imposed through a subdivision process, the Second Circuit certified this question to the New York Court of Appeals, which found such a regulation enforceable under New York law.
Membership Required
This resource is a Land Trust Alliance member benefit for the staff, board and volunteers of land trust and affiliate member organizations, and Alliance donors at the Protector level.
Getting Ready for Your State of New York Takeout
In this Lunch and Learn, Jamie Brown, New York program manager for the Land Trust Alliance and Brad Burns, staff attorney at the Open Space Institute will help you understand the complexities that come with selling land to the state of New York and help create a smoother sale.
Mohonk Trust v. Board of Assessors of Town of Gardiner
New York Court of Appeals held that environmental and conservation purposes are charitable within the meaning of New York's property tax exemption statute, and that especially where conservation land is open to and enjoyed by the public, it should enjoy exemption.
Grogan v. Zoning Board of Appeals of the Town of East
A zoning decisions required granting a conservation easement. Landowner sued claiming unjust taking. Court held for town.
Conover v. Brick Twp. Zoning Bd. of Adjustment
The court held, citing well-settled common law, that a municipal board lacks the power to relieve an applicant from a deed restriction imposed as a condition of a subdivision approval.
2024 New York Land Conservation Conference
Join your peers from a spectrum of land, water and community-centered conservation organizations from across New York! With educational sessions, field trips, networking opportunities and more, the conference is essential for anyone working in the New York land conservation sector.
Oak Ridge Land Co, LP v. Roberts
The appellate court reversed, holding that there was no conflict between the statute and the regulation, and that the easement must be valued based on its book value in accordance with the regulation.
SN Worthington Holdings, LLC v. Commissioner
The Tax Court upheld the validity of the proceeds regulation and found the improvements clause to violate the regulation. It also determined that conditional language constituted a savings clause and was therefore unenforceable.
Pennsbury Village Associates, LLC v. McIntyre et al.
The Pennsylvania Supreme Court held that rights under the Environmental Immunity Act could be waived in a settlement agreement. The court did not decide the question of whether the deed restrictions constituted an environmental law or regulation.
Protect the Adirondacks!, Inc. v. New York State Dep’t of Envtl. Court of Appeals opinion
The Court of Appeals affirmed the intermediate appellate court’s decision that the snowmobile trails violated the State’s Constitution adopting a unitary analysis, noting that any tree removal is subsumed into the forever wild requirement.
New York Board Intensive
This five-part session is designed to orient new board members to Land Trust Standards and Practices and introduce them to the members of the New York land trust community. Executive directors are also welcome to join.