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Articles by Jeffery Braun
The Supreme Court Limits Federal Authority to Regulate Wetlands | JD Supra
Few five-word phrases have vexed the justices of the United States Supreme Court more than “waters of the United States” as used in the Clean Water Act (CWA or Act). The Court has attempted to define the term, and thereby the scope of the federal government’s jurisdiction to regulate activities that impair the nation’s water quality, in four cases over the past 35 years. The Court’s attempt 17 years ago in Rapanos v.
Land Use Issues Addressed at Kramer Levin Seminar | JD Supra
Kramer Levin recently hosted a seminar titled “Emerging Issues in Land Use: The Year in Review and What’s Ahead,” where experts discussed New York City planning initiatives and land use trends. Among the speakers were Jessica Katz, chief housing officer for New York City, Rafael Salamanca Jr., council member for the 17th District and chair of the New York City Council’s Land Use Committee, and representatives from Kramer Levin’s Land Use and Real Estate departments.
City Council Adopts SoHo NoHo Rezoning Plan | JD Supra
On Dec. 15, 2021, the City Council approved the City’s rezoning plan for the SoHo and NoHo neighborhoods. The Council’s action completed the legislative process, thereby turning the plan into law.
Court of Appeals Declines to Hear 200 Amsterdam Avenue Appeal | JD Supra
On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the Department of Buildings (DOB) and the Board of Standards and Appeals (BSA) of the permit for construction of a 54-story residential building at 200 Amsterdam Ave. in Manhattan being developed by SJP Residential Properties and Mitsui Fudosan.
The Supreme Court Further Expands the Definition of a Physical “Taking” of Property That Violates Fifth Amendment Protections | JD Supra
At the end of its recent term, the U.S. Supreme Court handed down a new decision on the law of takings. The case, Cedar Point Nursery v. Hassid, was a labor relations dispute disguised as a takings case, but its resolution has important implications for the terms on which New York developers can get access to adjoining property in aid of their construction projects.
Zoning and Land Use: A Tale of Two Cities? | JD Supra
Continuing a trend reported in our Sept. 9, 2020 alert (“Zoning and Land Use: Turning the World Right-Side Up Again”), the Appellate Division for the First Department, which exercises appellate jurisdiction over courts in Manhattan, has reversed two more decisions by Supreme Court judges who had startled the development community with rulings in favor of neighborhood-based challenges to controversial projects.
Zoning and Land Use: Turning the World Right-Side Up Again | JD Supra
This summer has brought two appellate court decisions that should help alleviate growing concern in the development community that the New York courts are overly receptive to community-based challenges to new development in residential neighborhoods. In both cases, the Appellate Division for the First Department, which has appellate jurisdiction over trial-level courts in Manhattan and the Bronx, reversed decisions by Manhattan Supreme Court justices.
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