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HBA Represents Apple with Grand Opening of Applet Store in Manhasset (Miracle Mile)

HBA, representing Apple, resolved zoning and sign display issues at the new Applet store in Manhasset (Miracle Mile). In addition, HBA is responsible for securing a Certificate of Occupancy so the new Applet store could open in a timely fashion.

HBA Closes Largest IDA Deal in Nassau County History

Representing one of the foremost not for profit providers of senior congregate housing in the region, HBA successfully negotiated and closed a complex $326 million IDA financing transaction in connection with a proposed not- for- profit senior congregate care facility located in the Town of North Hempstead and containing approximately 400 units. HBA also successfully obtained related zoning and municipal approvals. The facility is expected to be completed in 2009.

Supreme Court Rules HBA client entitled to control homeowners association during pendency of litigation.

HBA, representing the sponsor/developer of a 1,100 unit golf course senior community, won summary judgment declaring that the sponsor was entitled under the by-laws of the homeowners association to continue to control the HOA board of directors until all homes in the community were sold. The court ruled that the sponsor's pursuit of litigation of zoning disputes regarding 100 partially constructed homes was in good faith and, therefore, the sponsor had the right to continue its control for so long as the litigation remained pending. The court rejected arguments advanced by community residents that the unfinished structures were not "homes" and that the potential duration of the litigation would allow the sponsor to control the HOA for an unreasonable about of time.

HBA defeats effort under Religious Corporation Law to void contract to purchase real property owned by synagogue.

HBA successfully defeated a legal challenge asserted under the Religious Corporation Law by a member of a synagogue who sought to invalidate as unreasonable a real estate purchase contract between HBA's client, as buyer, and a synagogue. Under the Religious Corporation law, the Supreme Court must approve all sales of a religious corporation's real property. The objector argued that the contract purchase price was too low given that the contract had been signed years ago in a depressed market and further argued that the sale was not in the best interests of the synagogue members. Rejecting the arguments of both the objector and the New York Attorney General, the court ruled that the contract was fair and that HBA's client was entitled to close.

HBA obtains site plan approval for congregate housing project in settlement of claims under the Fair Housing Act and American with Disabilities Act.

HBA instituted federal claims against a municipality for violations of the Fair Housing Act and American with Disabilities Act in connection with the municipality's delay in approving a site plan for an as-of-right 408-unit senior congregate housing community proposed by HBA's client. After HBA successfully opposed defendant's motion to stay the federal case under various abstention doctrines, HBA aggressively pursued depositions and other discovery. As a result, the municipality agreed to settle the case by granting site plan approval for the proposed project and agreeing to purchase an adjoining parcel of property owned by HBA's client for over $12 million.  

HBA Obtains Zone Change for Autozone in Town of Islip

On February 8, 2007, HBA obtained a change of zone grant from the Islip Town Board in connection with the proposed  conversion of an industrially zoned property to  retail use. The zone change paved the way for the opening of an Autozone store.  The success of the application, in an area of Islip where retail applications had previously been denied,  rested in part upon innovative solutions designed to insure adequate parking for the new retail use, as well as a commitment to revitalize and recycle an out-dated industrial building.

Appellate Division Reverses Supreme Court and adopts referee report of HBA partner John A. Harras

Appellate Division Second Department Decision
By decision dated September 19, 2006, the Appellate Division Second Department reversed a decision of the Supreme Court and determined that HBA partner John A, Harras, acting as referee, had correctly concluded that a 1922 facially ambiguous deed had transferred a numbered unimproved lot in the configuration shown on an amended subdivision map, and rejected defendants claim that deed related to a larger lot bearing the same lot number as shown on an earlier filed map. In addition to the language of the deed and fact that the deed was recorded after the filling of the amended map, the evidence demonstrated the defendant and his predecessors had not exercised control of the additional lot area, thus undermining the defendants proposed interpretation of the deed in dispute.

New York Times interviews HBA partner Keith Archer about impact fees and why developers are willing to pay them.

Harras Bloom & Archer wins decision invalidating local adjudicatory board.

Harras Bloom & Archer successfully challenged the constitutionally of  a municipal adjudicatory board  enacted by the Town of Huntington to prosecute  alleged violations of the Town’s zoning code. The New York Supreme Court determined that the local adjudicatory board, empowered by local law to impose large fines and place tax liens against private property, constituted  an illegal court which infringed on the  New York State constitution’s establishment of a unified court system and otherwise  violated due process rights. For the complete decision click here.

"Prior results do not guarantee a similar outcome."