| Greetings!
I hope this note finds you well. If you're a Jets fan, I hope you've recovered from your disappointment.
While newspaper reports certainly suggest an easing of economic stress, small and medium-size businesses are still coping with the fallout from this recession. We have been assisting clients with restructuring leases, revising joint venture and partnership agreements and loan workouts. I remain particularly concerned with the enormous remaining stress in the real estate sector caused by overleveraged properties and unrealistic construction loans. Regulatory efforts do not seem to have sufficiently resuscitated the flow of credit or permitted the adequate restructuring of agreements to align with the new values of a depressed marketplace. The consequences for municipal tax revenue and construction sector employment are real and unabated.
My colleagues and I at the IGR Group/Mercury Public Affairs continue to focus on moving our clients' issues through the executive and legislative branches in Albany, Washington, DC and New York City. 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.
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 Affirms Right of Mining Company to Continue Operations in Face of New Zoning, Municipal Chaos |
The Court of Appeals strongly sided with a company that had begun preparations for a mining operation operations, turning aside the Town's passage of a new zoning ordinance prohibiting the use. The Court soundly rejected the Respondent Town's apparent contention that the mining operation was not fully operational and thus not protected as a pre-existing, vested property right.
In a lengthy opinion in Glacial Aggregates, LLC v. Town of Yorkshire, the court recognized the extensive efforts and funds expended by the mining company. The company conducted extensive testing and applied for a Department of Environmental Conservation permit. Significantly, the permit was issued prior to enactment of the prohibiting ordinance.
As the Court noted, "Put another way, the issue is not whether Glacial gained a vested
right by way of its DEC mining permit, but whether Glacial acquired a
vested right by way of the unqualified Town permission it once enjoyed
to mine its property. And when deciding whether a landowner has made
substantial expenditures in reliance upon such local permission, we see
no reason for the factfinder to disregard DEC permitting costs. Indeed,
in light of the stringent requirements imposed by the Mined Land
Reclamation Act, such costs frequently, if not invariably, run into the
hundreds of thousands of dollars or more, and represent a significant
portion of the investment necessary for a landowner to devote real
property to quarrying."
While the Court was careful to limit its findings to the unique features of a mining operation (i.e. there is little construction, in contrast with most development activities), the decision is noteworthy for the pro-property rights tone taken by a court that some suggest is moving leftward.
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Community Corner: Families Can Turn to Haitian Earthquake Family Resource Center for Support
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 State officials announced the creation of the New York Haitian Earthquake Family
Resource Center. The Center will provide support services for the
Haitian community affected by the earthquake that struck Port-au-Prince
on January 12. The Center's first day of operation will be Monday,
February 1, 2010, and it will be located in the New York National Guard
Armory at 1579 Bedford Avenue, between Union and President Streets in
Brooklyn.
The devastating earthquake has washed great tragedy on American shores. Countless local families lost loved ones; New York schools are preparing for an influx of expatriate children, many of them orphans.
The Center will provide a number of services to the Haitian community, including:
- Creole-speaking interpretation services;
- Assistance with completing Temporary Protected Status applications and other immigration-related assistance;
- Access to telephones to contact appropriate federal and Haitian officials;
- Use of computers for consulting a broad range of websites, including New York State's Registry of New York Citizens in Haiti;
- Child guardianship and custody services;
- Legal information; and
- Grief counseling
If you need assistance from the Center, find out more on the web at http://www.ny.gov/governor/press/HelpingHaiti_index.html.
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Lauren Karben To Receive "Teacher of the Year" Award from Adolph Schreiber Academy
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 Lauren (Bekritsky) Karben will receive the "Teacher of the
Year" Award at the upcoming dinner of ASHAR, the school the children
attend and where Lauren teaches 4th and 5th grades.
Please join in making this fundraising dinner a smashing
success with a sponsoring contribution of $5000, $2500, $1800 or $1000.
"Lauren is a phenomenal educator," Ryan Karben said, "Her classrooms hums with inquiry
and inspiration, passion and purpose. Students express and explore,
challenge and achieve. But more than that, her students see a role
model-- a woman of uncommon character, powerful intellect and profound
compassion. Fortunately, the girls and I benefit even more fully from
Lauren's love, grace and strength in every aspect of our lives."
ASHAR chose well in recognizing this incredible talent on its
faculty. But in these tough times, the financial strains on the school
are enormous. Scholarship needs are at record highs--at precisely the
time school needs to invest in improvements to a fire-ravaged building and in
acquiring new technological tools. Lauren deserves this honor; ASHAR
needs your support in recognition of her achievements.
Checks can be sent to our office address, 1 Melaney Drive, Monsey, New York 10952. If you want to attend the Dinner, e-mail ryan@ryankarben.com.
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Karben Named Corporation Counsel
Newly elected Mayor Noramie F. Jasmin named Ryan S. Karben as Corporation Counsel for the Village of Spring Valley.
In naming Karben, Jasmin emphasized his 17 years of government experience as an Assemblyman, County Legislator, veteran municipal attorney and Planning Board member.
Karben has served as counsel to the Village of Suffern, Town of Ramapo, Rockland County Sewer District No. 1 and the North Rockland School District.
Jasmin told the Journal News that "We need new blood. We need new vision. . .[G]etting Mr. Karben on board - I think he will help us and the village to fulfill the tasks that we have, and meet all of the challenges that we have ahead of us."
As Corporation Counsel, Karben is the Chief Legal Officer for the municipality, overseeing the legal staff, all litigation, contracts and labor negotiations.
Karben previously served Spring Valley as Deputy Village Attorney.
"I look forward to supporting Mayor Jasmin's bold agenda to revitalize Spring Valley as a thriving community for businesses and families, Karben said."
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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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