Wednesday, March 28, 2012
Tuesday, March 27, 2012
A recent case decided in Tompkins County ruled that local zoning amendments banning all activities relating to hydrofracking were not preempted by the Oil, Gas, and Solution Mining Law (OGSML). So, municipalities can ban fracking in their territories.
In the Tompkins County case, the Plaintiff, a company engaging in exploration of land for hydrofracking, brought an action against the Town of Dryden attacking their zoning amendment which banned hydrofracking. The Court determined that the State’s OGSML did not prevent the Town from creating local zoning ordinances banning hydrofracking.
This decision is particularly important because many NY municipalities have been amending their zoning regulations in response to their resident’s concerns about hydrofracking.
Remember to always keep yourself apprised of local zoning amendments in order to ensure the latest developments in your municipality because laws and regulations in real estate may change daily.
For further information about the case, see Anschutz Exploration Corporation v. Town of Dryden, 2012 WL 556172, Slip Op. 22037 (2012).
Nassau residents, you already missed the deadline this year of March 1, 2012, but you are now early for next year so don't forget about filing your grievance.
For more information about tax grievances in New York State, click here.
Monday, March 26, 2012
The lesson is to always read your lease and abide by its terms. Should you be a prospective subtenant, request a copy of the tenant's lease with the landlord before you go into possession or enter into a contract.
On April 19, we will be teaching Long Island Landlord at Newsday in Melville and will be discussing this topic as well as many others faced by our regions landlords and tenants. While the class is currently full, we often have additional seats upon the week of the course, so stay tuned by clicking here.
Friday, March 23, 2012
As reported on this blog in October of 2011, the Steven J. Baum Law Firm reached a settlement with the United States Attorney for the Southern District of New York whereby it agreed to pay a two (2) million dollar fine and amend its foreclosure practices. Earlier this week, a settlement was reached with the State’s Attorney General’s Office where the firm’s managing partners, Steven J. Baum and Brian Kumeiga, agreed not to handle any foreclosure cases for lenders or servicers in New York State courts for two (2) years and pay a four (4) million dollar fine. Pillar Processing, a document processing entity created by the firm, is also on the hook for the fine. The suit alleged that the Steven J. Baum Law Firm did not take the necessary steps to ensure the accuracy of the legal papers filed in its foreclosure complaints and bankruptcy proceedings. Per the terms of the settlement agreement the firm neither admitted nor denied any findings of wrongdoing in the case.
As part of the settlement half of the four (4) million dollar fine will be allocated to a fund that helps New York residents in foreclosure. Although the firm is now defunct, it remains involved in litigation with other borrowers who believe their rights were compromised by the firm’s practices. We will continue to update you on the outcome of these cases.