Our Practice Areas

Practice Area

Land Use Law

Zoning, Planning, and “Article 78s”

EHADP represents landowners involved in commercial and residential real estate development, from the planning stages through the application process, and in any ensuing litigation. 

On Eastern Long Island, real estate planning and development can be an unusually complex process involving multiple levels of regulatory applications and permits, including:

  • interpretations, variances and special permits from zoning boards of appeal (ZBAs),
  • subdivisions, lot line modifications, and site plan approvals from planning boards,
  • architectural and historic preservation approvals,
  • “SEQRA” environmental review, and
  • wetlands, natural resource, and waterways applications.

Our attorneys work with applicants and their consultants to prepare the applications and appear before the presiding boards and agencies of all five East End towns and their ten villages, except for Westhampton Beach where they serve as Village Attorneys.   Among the firm’s land-use clients are individual homeowners, farmers, builders, residential and commercial subdividers, golf clubs, marinas, resorts, restaurants, business owners, educational and health care institutions, and not-for-profits.

These applications, when contested, often lead to litigation known as an “Article 78,” which is the special proceeding by which neighbors may contest approvals or applicants can challenge denials of their applications. Our lawyers have decades of experience working with landowners, other lawyers, municipalities, and neighbors bringing and defending Article 78s.  That experience, which includes successfully overturning and defending dozens of decisions, helps us advise clients as to when it may be worth challenging certain decisions while challenges to others may be futile.

A sampling of the types of decisions the firm has successfully overturned include those from the