Briarcliff Manor Land Use & Zoning Lawyer, New York

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Lowell D. Willinger

Corporate, Business Organization, Contract, Land Use & Zoning
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Litigation, Land Use & Zoning, Environmental Law
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Jennifer L. Van Tuyl

Land Use & Zoning, Municipal, Housing & Urban Development
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Litigation, Land Use & Zoning, Municipal, Environmental Law
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Philip Arthur Butler

Litigation, Land Use & Zoning, Municipal
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Henry Martin Hocherman

Land Use & Zoning, Environmental Law, Commercial Leasing, Real Estate
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Joel Henry Sachs

Land Use & Zoning, Social Security, Civil Rights
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Karen Lee Wagner

Land Use & Zoning, Real Estate, Litigation, Municipal
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Norman Sheer

Commercial Real Estate, Land Use & Zoning, Real Estate, Estate Planning
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Matthew Sean Clifford

Tax, Land Use & Zoning, Eminent Domain, International Tax
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Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

APPRECIATION

An increase in value. Appreciated property is property that has gone up in value since it was acquired.

ESCHEAT

The forfeit of all property to the state when a person dies without heirs.

TESTAMENTARY DISPOSITION

Leaving property in a will.

EVIDENCE

The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.

SERVIENT TENEMENT

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

PRECEDENT

A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.

CLEANING FEE

A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)
A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.

TORTIOUS INTERFERENCE

The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to ... (more...)
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.

SAMPLE LEGAL CASES

CASPIAN v. Zoning Bd.

The issue on this appeal is whether a municipal zoning board may deny requested area variances on the basis of common-law principles that are independent of the statutory factors enumerated under Town Law § 267-b (3). In particular, we are asked to determine whether ongoing ...

MATTER OF GENSER v. Board of Zoning and Appeals of Town of North Hempstead

Meanwhile, after a public hearing on January 3, 2006, the Town of North Hempstead adopted the zoning amendment which provided, inter alia, that the minimum lot width in the residence A district where the lot is located must be either 65 feet or the average width of the lots ...

MATTER OF WEST BEEKMANTOWN NEIGHBORHOOD ASSOCIATION, INC. v. Zoning Board of Appeals of the Town of Beekmantown

Petitioners contend that the ZBA's issuance of a negative declaration and subsequent grant of the conditional use permit was improper because the determination that the proposed wind farm constituted an essential service as defined by the Town Zoning Law was arbitrary and ...

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