Articles Posted in Government Law

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In 2010, the Department of Environmental Conservation (DEC) adopted amendments to regulations pertaining to the protection of endangered and threatened species. The amendments established a formal process through which individuals could obtain a permit to allow for the incidental taking of a threatened or endangered species. Before the agency implemented the regulations at issue, the Town of Riverhead and Twon of Riverhead Community Development Agency (collectively, Riverhead) challenged the amendments. Supreme Court dismissed the proceeding, finding that Petitioners did not have standing. The Appellate Division affirmed, concluding that Petitioners lacked standing based on their failure to allege an injury in fact and that Petitioners’ substantive challenges were not yet ripe. The Court of Appeals held that Petitioners could proceed with three of their procedural claims, as they alleged a sufficient injury regarding these claims, but Petitioners lacked standing with respect to the substantive causes of action, as those claims were not yet ripe. View "In re Ass’n for a Better Long Island" on Justia Law

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In 2012, the New York City Department of Parks and Recreation executed a written license agreement with Chef Driven Market, LLC (CDM), which permitted CDM to operate a seasonal restaurant in the Union Square Park pavilion. Plaintiffs, Union Square Park Community Coalition, Inc. and several individuals, brought an action against the Department, its commissioner, the City, and CDM (collectively, the Department), seeking a declaratory judgment and injunctive relief restraining the Department from altering the park pavilion to accommodate the restaurant under the public trust doctrine. The Appellate Division denied the motion for a preliminary injunction and dismissed the complaint, concluding that the seasonal restaurant did not violate the public trust doctrine. The Court of Appeals affirmed, holding that the Department’s grant of a license to CDM to operate the restaurant in the pavilion was lawful.View "Union Square Park Cmty. Coal., Inc. v. N.Y. City Dep’t of Parks & Recreation" on Justia Law

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Plaintiff filed a personal injury action against Defendants, the construction manager and owner of a building at a construction site, after a large, flat object fell and injured his hand. Plaintiff alleged, inter alia, a violation of N.Y. Lab. Law 241(6). Defendants moved to dismiss Plaintiff’s section 241(6) claim, arguing the form that injured Plaintiff’s hand was not subject to the safety requirements of Industrial Code N.Y. Comp. Codes R. & Regs. 12,23-2.2(a). The Court of Appeals remitted the matter for further proceedings for a hearing on whether the object as issue was a “form” within the meaning of the Industrial Code. After a hearing, Supreme Court dismissed Plaintiff’s section 241(6) claim, concluding that the form at issue did not come within the coverage of the regulation or section 241(6). The Appellate Division reversed and granted summary judgment to Plaintiff. The Court of Appeals accepted certification and concluded that the Appellate Division’s order should be affirmed, holding that the language of N.Y. Comp. Codes R. & Regs. 12,23-2.2(a) could sensibly be applied to the form that fell on Plaintiff’s hand.View "Morris v. Pavarini Constr." on Justia Law