PUBLISHED ARTICLES

Nassau Lawyer – Nassau County Bar Association

Jon Ward examined the increasing challenges facing property owners as a result of a handful of New York Court of Appeals cases. In each case, the Court admonished the lower courts to be deferential to land use determinations issued by local governments and not to substitute their judgments for those of the local governments simply because they would have reached a different conclusion based on the facts of the case. Advocating for property owners has never been easy, Ward notes, but the bar has now been set higher than previously.

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Nassau Women’s Bar Association

Michael Sahn published an article on the problem of determining applicable time periods on decisions or actions by governmental agencies with regard to statutes of limitation. The challenge facing counsel rests in the ability to determine when a governmental decision maker has taken a definitive position that inflicts injury. The issue has come up recently in the Court of Appeals and the Appellate Division, Second Department and the New York State legislature recently enacted an amendment to town zoning board decisions with a critical time element feature.

Real Estate Weekly

An article written by Jon Ward examined the issues faced by the owners of commercial property whose tenants wish to assign their leases or sublet space to third parties. Many lawsuits result from owners objecting to either proposed assignees, sub-tenants or usage of space. Assignment and subleasing rights are complex and litigation can be costly. Property owners must carefully draft leases to protect their rights and interests in the event that a tenant decides to assign its lease or sublet the space.

Nassau Lawyer – Nassau County Bar Association

Jon A. Ward and Michael Sahn co-authored an article updating colleagues on judicial review of administrative decisions, focusing on land-use determinations made by local zoning authorities. The article examines how several recent appellate court decisions send a stern message to applicants, making thorough preparation of zoning variance and permit applications even more critical than in the past