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Michael H. Sahn’s Article Highlights Cornell Case in Relation to Religious and Educational Use in New York State Land Use and Zoning Matters

Michael H. Sahn, the Firm's Managing Member, wrote an article entitled "Deferential Treatment of Zoning and Land Use Applications" that was published in the January 2019 issue of Nassau Lawyer, The Journal of the Nassau County Bar Association. The article focused on the accommodation and deferential treatment that educational and religious institutions are entitled to receive from municipalities in land use applications.

In the article, Mr. Sahn explained that, in recent decisions, the state courts have expanded their interpretation of circumstances warranting such treatment. The article also discussed the enactment of the Religious Land Use and Institutionalized Persons Act (RLIUPA) by the federal government and the state courts’ expansion of the definition of “educational use” in land use and zoning matters.

Mr. Sahn gave advice to land use and zoning practitioners in handling cases involving religious and educational uses. “Given the expansive interpretation of the types of educational and religious uses entitled to accommodation and deferential treatment, and the RLUIPA statute applicable to religious uses, it is important to identify the potential for a proposed use to fit within the framework of accommodation,” he wrote.

Click here to read the article.

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