| Greetings!
It was a quick swing into spring and summer. With more than a dozen proposed or pending land use applications in various jurisdictions and my duties as Deputy Village Attorney for the Village of Spring Valley, I have been busy working on creative, environmentally sustainable solutions to our region's housing and infrastructure challenges. My colleagues and I at the IGR Group have also been focused on moving our clients' issues through the executive and legislative branches in Albany, Washington, DC and New York City. There is so much activity in the public sector today and smart businesses realize they need our team of talented lobbyists and public affairs professionals to ensure the strength of their businesses. You can contact me concerning federal, state or local lobbying and public affairs matters at rkarben@igr-group.com.
On the litigation front, I feel as if I am reprising the role of the judicial " circuit rider," appearing in the First Department and the Supreme Courts of Kings, Orange, Queens, Rockland and Westchester on a variety of cases.
The Hudson Valley Environmental Action Fund, a pro-environment PAC I founded in July 2006, is busy as well. I know you share my commitment to renewable energy, polluter accountability and smart growth and hope you can consider a contribution to support HVEAF's work. This will be a busy election season. Despite all this activity, the office will be closed from August 16 through August 31. Our family will be traveling to Israel. As always, do not hesitate to contact me if I can be of any assistance. Best, Ryan S. Karben The material contained in this newsletter is attorney advertising. |
Court of Appeals, in Rare Reversal, Reverses Planning Board's Environmental Ruling
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In a rare reversal of the determination of a Planning Board using an environmental consultant, the Court of Appeals remanded an upstate zoning application to the local board after finding it did not adequately consider discrete environmental issues in its consideration of the project.
In Matter of Anderson v. Town of Chili, the Court reversed the decisions of both the Appellate Division and the Supreme Court. Both lower courts had concluded that the Planning Board had sufficiently considered the potential environmental impacts of proposed metal shredder adjacent to a local airport. While the environmental review raised concerns about potential small explosions from the operation of the shredder, the Planning Board concluded that the risks were minimal and the mitigation proposed sufficient.
Following established law, the Appellate Division had earlier ruled that it should not disturb the local board's finding, stating "[a] court's authority to examine a SEQRA review . . . is limited to reviewing whether the determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion." It found the board took the required "hard look" at environmental issues under SEQRA.
In a brief decision, a unanimous Court of Appeals curtly rejected that ruling "for
the reasons stated in the dissenting memorandum at the Appellate Division." The Appellate Division dissenters argued that the town officials did not sufficiently address each of the specific risks that had been identified in the environmental review and therefore did not meet the "hard look" threshold. They said the possibility of small explosions was "sufficiently serious" that it required specific review.
It is unclear whether this decision heralds a more activist Court of Appeals with respect to municipal planning matters, but it is certain guidance to land use boards to carefully examine all issues before adopting determinations of environmental significance under SEQRA.
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Plans for New Post Office Square Take Shape
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As Deputy Village Attorney, Ryan Karben is leading negotiations concerning the potential redevelopment of a parking lot across from the historic Spring Valley post office.
The Village of Spring Valley is considering plans for a new, state of the art retail space as part of a contemplated amendment to the community's Urban Renewal Plan. Karben has been negotiating with the potential developer, Post Office Square LLC, on the scope of the project and with the United States Postal Service concerning the acquisition of additional land for parking. Spring Valley's Urban Renewal Plan, pressed by Mayor George O. Darden and Deputy Mayor Noramie Jasmin, is focused on generating new housing units, including affordable and senior housing, while enticing additional commercial development to contain the residential tax burden. A lottery for income-restricted senior housing was recently conducted and applications are under review. The addition of new commercial space in the downtown is designed to attract additional business and walking traffic to the village. The Post Office Square Development would consist of 43,000 square feet of new commercial space spread over three floors on a municipal parking lot bounded by Main Street, Church Street and North Madison Avenue. |
| Karben Joins Senator Lieberman for Salute to Congressman Ed Towns |
Ryan Karben joined United States Senator Joe Lieberman for a salute to Congressman Ed Towns, the Chairman of the House Committee on Governmental Operations.
Karben, who served on the Finance Committee for Senator Lieberman's 2004 Presidential Campaign, is a longtime friend of the Senator and enjoys a warm relationship with the Towns Family. Ryan served in the State Assembly with Congressman Towns' son, Assemblyman Darryl Towns.
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Karben Prevails for Client Challenging
Forged Signature on
Mortgage |
An Orangetown woman claiming her signature was forged on a mortgaged by a New Jersey attorney will be allowed to pursue her claim after the Law Office of Ryan Scott Karben defeated attempts to dismiss her suit.
In a rare decision under the CPLR, Judge William K. Nelson ruled that the discreet issues of whether the real property is wrongfully encumbered can be separated out from a larger New Jersey litigation addressing the business dispute out of which the forgery is alleged to have arisen. The alleged forger's counsel argued that all matters needed to be heard in New Jersey.
The Court further rejected additional attempts by the defendants, on motions, to stay discovery pending appeal, accepting our argument about the ongoing prejudice to plaintiff from potentially wrongfully encumbered real estate.
The FBI identified New York as one of the nation's top 10 mortgage hot spots. Mortgage fraud is reported to cost billions in losses every year.
Our office regularly represents consumers seeking legal redress for wrongs. If you believe you have been defrauded, contact us immediately.
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| Stand Up For Our Environment |
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Make your contribution today!
The Hudson Valley Environmental Action Fund supports greater public access to environmental data, increased investment in renewable energy, broader commitment to planned growth, expanded efforts to clean up toxic waste sites and sharper focus on public transportation.
To donate, click here.
To volunteer to support candidates committed to our environment, click here.
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