Avramis v. Sarachan, 97 AD3d 874 (3d Dept 2012)

Young/Sommer won an appeal for the City of Ithaca (Tompkins County) in a zoning dispute over the proposed expansion of a parking lot at a “non-conforming” apartment building. Avramis’ four unit, twelve bedroom apartment building houses college students in an area of the City zoned for one and two-family dwellings only. The building had four... READ MORE

Concerned Citizens of Cattaraugus County, Inc. v. Town of Allegany Planning Bd., et al., Sup Ct, Cattaraugus County, 2011, Index No. 79455

The firm represented the Respondents in an Article 78 proceeding involving the proposed construction of a 29 unit wind farm. The Plaintiffs’ challenged the Planning Board’s approvals for the wind farm, claiming a number of substantive errors under SEQRA and procedural mistakes. The Court ruled in favor of the Respondents, primarily finding that Plaintiffs’ lawsuit... READ MORE

Cring v. Bonnie Belle Association, Sup Ct, Warren County, 2004, Index No. 44157

In a case regarding the Plaintiffs’ ability to rent out vacant rooms in their home, the firm successfully represented the Defendant, Bonnie Belle Association, in obtained a ruling from the Court that the Plaintiffs’ plans for their property was not permitted within the homeowner’s association. The Court ruled that the Plaintiffs, as part of the... READ MORE

Dever v. DeVito, 84 AD3d 1539 (3d Dept 2011)

The firm represented the defendants in this residential property dispute involving private covenants and restrictions in a homeowner’s association. In this case, a neighbor attempted to enjoin the demolition of a 1930’s era home on the shore of Lake Placid and stop the construction of a new home. The Appellate Division reversed the trial court... READ MORE

Gellert v. Town of Livingston Planning Board, et al., Sup Ct, Columbia County, 2013

The firm represented Plaintiffs-Petitioners Anthony Gellert and Alexander Gellert in a combined proceeding brought pursuant to CPLR Article 78 and CPLR §3001 seeking relief annulling and setting aside a May 2013 resolution of the Town of Livingston Planning Board extending a conditional plat approval for a residential subdivision known as the Manor of Livingston and... READ MORE

Highview Estates of Orange County, Inc. v Town Bd. of Town of Montgomery, Orange County, 955 NYS2d 175 (2d Dept 2012)

The firm represented Taylor Holdings Group, Ltd/Taylor Biomass Energy in overturning a lower court judgment that annulled several state and local approvals that permit the development and operation of Taylor’s premier Biomass Gasification-To-Energy facility in the Town of Montgomery, Orange County, New York (Highview Estates of Orange County, Inc. v Town Bd. of Town of... READ MORE

In the Matter of Lori Bergami, et al., v. Town Board Of The Town Of Rotterdam, et al., 97 AD3d 1018 (3d Dept 2012)

The firm represented Plaintiffs Lori Bergami and a group of neighboring property owners in a proceeding challenging the rezoning of property in the Town of Rotterdam. The property, located in a transition area between a residential neighborhood and commercial uses on NY Route 7, was rezoned at the request of the owner so that it... READ MORE

In the Matter of the Application of Ten Towns to Preserve Main Street, et al. v. The Planning Board of the Town of Northeast, et al., Sup Ct, Dutchess County, 2013, Index No. 3816/2013

The firm successfully defended New York real estate developer Southern Realty and Development, LLC (“Southern”) in a State Environmental Quality Review Act (“SEQRA”) challenge to a supermarket development in the Town of North East. The Petitioners argued that the approving agency, the Planning Board of the Town of North East, should have required a full... READ MORE

In the Matter of the Application of Ticonderoga Property Development LLC, APA Order Granting Variance, 2005-261V, October 18, 2006

The firm represented Ticonderoga Property Development LLC in its application in the Adirondack Park for a variance from Appendix Q3 standards regarding sign regulations. TPD requested a 245 square foot sign over the entrance and a 20 square foot sign by the main Lowe’s access entrance. Although this was inconsistent with Appendix Q3 standards, it... READ MORE

Nesheiwat v. ElJamal, Sup Ct, Westchester County, 2012, Index No. 615/2011

The firm represented the plaintiff in a successful share holder derivative action and contract dispute involving the sale of commercial property in Westchester County, which plaintiff co-owned with the defendant as equal members of a limited liability company (LLC). The plaintiff and the defendant, jointly through their LLC, contracted with a third party commercial developer... READ MORE

Town of Henderson Town Bd. v. Town of Hounsfield Planning Bd., et al., Sup Ct, Jefferson County 2010, Index No. 2010-0336

In an Article 78 proceeding, the firm represented the Applicant for a proposed 82 turbine wind farm project in the Town. Petitioner sought to reverse, annul, and set aside Site Plan approval by the Planning Board of the Town of Hounsfield for the installation and operation of wind turbine generators on Galloo Island. The Court... READ MORE