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Full-Text Articles in Law
Preserving Open Lands: Local Zoning And Financing Authority Work Together, John R. Nolon
Preserving Open Lands: Local Zoning And Financing Authority Work Together, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
State governments vest great authority in local governments to decide how and where private development shall occur, and in the alternative, where to preserve open land. The New York state legislature recognizes the importance of protecting open lands, and as such, has created several laws to facilitate local municipal action. Several methods exist that municipal government may use to accomplish this goal and this article provides several examples. For instance, the New York Court of Appeals, in the case of Bonnie Briar Syndicate, Inc. v. Town of Mamaroneck, held that a local zoning ordinance, which rezoned a large area for …
Mediation As A Tool In Local Environmental And Land Use Controversies, John R. Nolon
Mediation As A Tool In Local Environmental And Land Use Controversies, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article dedicates itself to highlighting the benefits of alternative dispute resolution. Through the use of mediation and other flexible alternative dispute resolution methods, many conflicts can be resolved without the use of expensive and timely litigation. In turn, court workloads are relieved and cooperation is fostered among neighbors, companies, and other groups or organizations that would have otherwise resorted to litigation to solve a dispute. Negotiations that involve process experts, such as mediators and facilitators, often diffuse disputes by introducing a cooperative, rather than an adversarial attitude. Government is beginning to embrace alternative dispute resolution and legislatures are passing …
Intermunicipal Compacts; Regional Land Use Strategies Work At The Grassroots Level, John R. Nolon
Intermunicipal Compacts; Regional Land Use Strategies Work At The Grassroots Level, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Regional land use control has long been a difficult issue in New York as most localities refuse to acknowledge responsibility for problems extending beyond their own borders. New York law enables municipalities to cooperate among one another to devise improved solutions to land use, and other issues. This article studies the state history of regional land use and provides several successful examples of how grassroots regionalism can change the way municipal governments think about land use and solve problems.
Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon
Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …