WHAT'S TRENDING IN MUNICIPAL AND LAND USE LAW IN 2020

By: Michael Sahn, Thomas McKevitt, John Farrell & Joshua Brookstein

No area of law has more significant trends that will affect all of us in 2020 than Municipal and Land Use law. Here are the top trends from our team:

1. Housing of all kinds will dominate many discussions. There are so many housing variations that will demand our attention: Affordable Housing, Workforce Housing, Transit Oriented Development, housing for millennials, seniors and near seniors, Assisted Living in its many variations, and "fair housing". Where, and how, we allocate our resources to deal with housing issues, and where and how we live in the years ahead will be big issues at all levels of government.

2. Climate change will dictate more and closer scrutiny of environmental impacts and reviews of proposed developments. It does not matter where we live. We will confront issues such as rising sea levels, more severe weather events, global warming, alternative energy sources and the like head on in 2020. And, as the federal government rolls back regulations affecting  many environmental concerns, the role of state and local government will grow more comprehensive and important.

3. The nationwide deployment of 5G technology will continue to generate community and public concern, and litigation. Everyone uses and wants more technology, data and faster internet service. But, when having 5G means more poles, nodes, transmission facilities and hot spots, the result is dispute and controversy. The federal government, through the FCC, has  pre-empted most local regulation. But, that has not stopped the litigation and it won't. The horses are out of the gate on 5G and they aren't coming back. We are going to spend a lot of resources to hold it back where we don't want it instead of balancing where, how and when to allow it to be built.

4. After the Supreme Court's stunning reversal of established precedent in the Knick case to allow property owners to assert due process takings claims in the federal courts without first exhausting state court remedies, we expect more cases in both federal and state courts. These are highly complex legal issues. There is much to sort out but, as in many areas of law, we expect more litigation and claims. Local governing bodies must be careful in handling all issues or face the potential for more due process taking claims to defend. 

5. Closer scrutiny of the real property tax structure will lead to closer scrutiny of development incentives, tax abatements, payment in lieu of tax agreements and the granting of tax exemptions for certain categories of uses. When real estate tax money is needed to fund so many local services and entitlements, the debate will only get louder on who gets what and who doesn't and the appropriate balance between encouraging development projects and incentives. As we learned from the failed Amazon project, there is no safe bet in this area of the law. 

THOMAS MCKEVITT & MICHAEL SAHN

AS FEATURED IN INNOVATE LONG ISLAND, MICHAEL SAHN EXPLAINS WHY WE NEED A NEW VISION FOR LAND USE REGULATION

We need a new, long range vision for land use regulation.  Why? Because the land we are regulating is changing rapidly.  This presents challenges and consequences that we are only beginning to understand.

Read More the entire article at Innovate Long Island.

PERSONAL INJURY MATTERS

The practice of personal injury law has become a highly specialized and complex field.  Navigating through the pitfalls of “threshold" issues and liens against a damage recovery is complicated. These liens can be for Medicaid/Medicare/Social Security Disability (SSD), Workers Compensation, and the like. It is easy to get caught up in disputed liens years after the case in chief is over or settled.  In some instances, the lien holder may pursue remedies years after the case is concluded; against the client, attorney, or carrier before settlement.  Additionally, "consent to settle" may be required prior to settlement with the carrier. Failure to do so will be fatal to a case.  That is why the personal injury practitioner must pay particular attention to resolve these issues prior to completion of the case.  Equally important is knowing the exact amount of the lien prior to  making any settlement demand on the carrier in negotiations. In this way, the carrier could consider the lien amount in making a settlement offer.   

ROBERT ABIUSO 

SWC Will Mark 50th Anniversary of Earth Day by  Hosting an Event on April 22nd 

SWC will be hosting an Earth Day event in conjunction with the NYSBA Environmental and Energy Law Section (EELS) on April 22, 2020, from 5:30-7:30pm. The event is being held to honor the 50th anniversary of Earth Day. This networking event will feature light refreshments and a notable speaker from the local environmental community. Learn more about the event here.

Joshua Brookstein Co-Chairs North Shore Child & Family Guidance Center's Fundraiser

Joshua Brookstein, will be co-chairing the upcoming North Shore Child & Family Guidance Center's Trivia Night on February 27, 2020 from 6-8 p.m. The trivia night will help raise funds that will enable the Guidance Center to provide vital mental health services to children and families in our local community. Learn more about the event here.