The Environmental Claims Part of the Ninth Judicial District was the topic of discussion at a meeting sponsored by the Building & Realty Institute of Westchester and the Mid-Hudson Region and The County Chamber of Commerce, Inc. here. Administrative Law Judge for the Ninth Judicial District Francis A. Nicolai, presides over the court housed at the Westchester County Courthouse in White Plains.
The session featured noted local land use attorney Stuart Shamberg, Esq, counsel for the Building & Realty Institute; George Raymond, planning consultant and chairman of the Westchester County Housing Opportunity Commission; and Professor John Nolon, director of the Land Use Center at Pace University School of Law.
Shamberg told the gathering that the new land use court, "is a major step forward for the (building) industry." He explained that a developer can now bring a case to the Environmental Claims Part if his project was denied by a local municipal agency and the case raised "substantial environmental issues." The legal procedure necessary to have the case reviewed by the Environmental Claims Part is that upon filing of a Request for Judicial Intervention, a one page letter must be submitted stating why the case should be assigned to the Environmental Claims Part.
For some time, land use cases have been "overloading" the judicial system in the Ninth District, Shamberg related. He noted County Court Judges and Criminal Court Judges are hearing these cases. "The cases are decided by their law clerks," Shamberg asserted. "Criminal Court Judges have no background in land use law, they don't know anything about the law use law. I will tell you that the decisions we are getting from the county courts are against property rights and against the developers."
He continued, "This is not a time to take your client into court on any land use case. The pendulum against property rights and developers rights has never been farther to the left than it is today." Shamberg later added that the new Environmental Claims Part under Judge Nicolai will offer developers and property owners "a fair hearing" in land use cases because the judge is knowledgeable about land use law.
Raymond discussed the dire state of affordable housing development in Westchester County and how, especially in Northern Westchester County, many municipalities are engaged in what he termed "exclusionary zoning," which bars any development of affordable housing within their borders.
"What we have here is really a stone wall when we address those towns in respect to their willingness to accommodate any (affordable) housing," Raymond asserted. He said that he hoped the Environmental Claims Part will consider: affordable housing development, restrictive zoning regulations in terms of building on steep slopes, isolated wetlands and visual impacts of development.
Raymond complained that in many cases developers are forced to address visual impact on a community. "Are we condemned to have developments that are invisible?" he queried.
Professor Nolan stressed that the development community and local governing agencies need to look towards mediating land use disputes rather than litigate their differences in a court of law.
Want to continue reading?
Become a Free ALM Digital Reader.
Once you are an ALM Digital Member, you’ll receive:
- Breaking commercial real estate news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical coverage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
*May exclude premium content© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
John Jordan
John Jordan is a veteran journalist with 36 years of print and digital media experience.
