Land Use in New York Conference

Daniel A. Spitzer was a co-chair and Jill L. Yonkers was a speaker at the Land Use in New York conference, held May 14-15 in West Harrison, New York.The conference covered a wide range of new legislative, regulatory, legal, and business developments for attendees, which included attorneys, real estate licensees, landowners, developers, government officials, planners, consultants, and engineers.

As co-chair, Dan provided introductory remarks each day and also presented “Using Incentive Zoning to Create Green Communities,” which outlined numerous ways municipalities can use zoning bonuses and other incentives to encourage the private sector to pursue energy efficiency and renewable energy projects.

Jill’s presentation, titled “When Does a Zoning Dispute Become a Civil Rights Dispute?,” focused on preventing and winning against civil rights claims in the context of zoning and land use disputes. Jill addressed municipal police powers, drafting local laws and ensuring sound records supporting municipal decisions in case of a challenge, and specific constitutional claims such as substantive due process, procedural due process, and equal protection. She provided ideas on why these claims survive and where municipalities run afoul of applicants' constitutional rights.