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Archive by tag: Farrell FritzReturn

Town of Huntington Tightens Reigns on Mixed-Use Buildings Amid Mixed Opinions

On July 21, 2020, the Huntington Town Board adopted significant amendments to the Town’s zoning and site plan regulations for mixed-use buildings in the Town’s C-6 (General Commercial) Districts. The amendments, set forth in a series of resolutions, are aimed at controlling the scale of future mixed-use buildings, reducing their burden on public infrastructure, and protecting the suburban character of the Town’s hamlet centers....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Aug 04,2020 |

“Rank Pretext Will Not Do”: Court Enjoins Freeze-Out Merger With No Corporate Benefit

I’ve represented clients on both sides of freeze-out mergers of privately owned business entities, so I’m very familiar with their uses, misuses, potential advantages, and potential disadvantages to both freeze-ors and freeze-ees....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jul 22,2020 |

Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development

The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.  The proposal follows on the heels of an April 2019 report commissioned by the Suffolk County Industrial Development Agency (“SCIDA”) which called for the park to position itself to become a regional economic hub that fosters the growth of key industries by, among other things, creating a more dynamic live-work-play environment.....
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Farrell Fritz, P.C. | Jul 07,2020 |

Consider Whether Your Buy-Sell Provision is a Call Option Before Pulling the Trigger

As regular readers of the blog surely are aware, there are few provisions in an LLC or shareholders agreement more likely to be the focus of dispute than the buy-sell provision. Most times, these disputes expose a flaw in the language of the buy-sell provision itself....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jun 23,2020 |

Municipal Development Agreement: Found To Be Illegal Contract Zoning

In the Matter of Giora Neeman v Town of Warwick, __AD3d__, 2020 NY Slip Op 03112, the Second Department recently declared that a development agreement entered into between the respondent/defendant Black Bear Family Campgrounds, Inc. (“BBFC”) and...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jun 09,2020 |

COVID-19 Town Hall: NY’s Safety Guidance for the Construction Industry

In this Town Hall session, Domenique Camacho Moran, Partner and Head of the Labor & Employment Practice at Farrell Fritz, discussed New York Re-Opening Plans. Please see full Presentation below for more information....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 29,2020 |

Court Denies Preliminary Injunction to Enjoin Shinnecock Nation’s Project along Sunrise Highway

Last week, the New York Supreme Court, Suffolk County, denied an application for a preliminary injunction to enjoin the completion, maintenance and operation of two sixty-foot tall electronic billboard-monuments (“Project”) on opposite sides of State...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 27,2020 |

Letters Exchanged Between Developer and Architectural Review Board Insufficient to Constitute Enforceable Settlement Agreement

In Matter of Pittsford Canalside Props., LLC v Village of Pittsford Zoning Bd. of Appeals, et al., the Fourth Department held that settlement correspondence between a development firm, Pittsford Canalside Properties, LLC (“PCP” or “Petitioner”), and...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 13,2020 |

Zoning Boards May Consider the Proposed Use and Purpose When Deciding Area Variance Applications, But Cannot Forget the Five-Factors

When deciding an area variance application, a zoning board may consider the proposed use of the property and the purpose in seeking the variance. However, the zoning board cannot fail to account for the five-factor test mandated by statute (see...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | May 06,2020 |

The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects

Despite the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless of how far along they are in the development process.  However, the need to comply with...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Mar 24,2020 |
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