Land Use and Zoning. We have helped local municipalities craft new zoning ordinances, including incentive zoning and environmental protection overlay districts. We also specialize in representing municipalities in responding to the proposed siting of unwanted or dangerous facilities within their communities.
Special Environmental Issues. One of the gravest problems facing municipalities is the cost associated with environmental issues. We have assisted local governments in negotiating New York State Department of Environmental Conservation (DEC) consent decrees, obtaining reimbursement from various state funds projects, developing landfill solutions and financing cleanup projects (including brownfields and Superfund litigation) that involve asbestos, nuclear waste, petroleum, solid waste, and other hazardous substances. We also help local communities that are targeted for a disposal facility, including the negotiation of host community benefits, representation in adjudicatory hearings before the DEC, and formal court challenges.
Energy and Telecommunications. The deregulation of gas, electric and telecommunications utilities presents municipalities with new opportunities and risks. We have worked with local governments in negotiating favorable supply contracts and renegotiation of franchises.
Municipal Finance. Local municipalities have many options for financing projects through the issuance of municipal indebtedness. Private businesses and developers also look to such indebtedness to finance projects through industrial development agencies or similar public benefit corporations. We have represented municipalities and private parties, acted as bond counsel and provide day to day guidance to several public authorities.
Advice to Municipalities on Self-Insurance. Municipalities are now faced with the staggering costs of insurance with respect to general liability claims. Our attorneys are experienced in helping municipalities develop self-insurance programs and defending municipalities from tort claims.
Public Sector – Labor and Employment Law. Municipal officials often become overwhelmed by the complexity of the Civil Service Law, the collective bargaining process, and the Compensation and Fair Labor Standards Act. We regularly represent municipalities in labor negotiations, certification proceedings, personnel matters, Article 75 hearings, and with respect to the American Disabilities Act and other state and federal regulations.
Employee Benefits. The escalating cost of benefits to municipal employees constitutes one of the greatest strains on municipal budgets. Our attorneys can provide creative programs for limiting such costs. We have extensive experience with self-insurance medical plans, flexible spending accounts, unfunded or underfunded pension obligations, and the relevant state and federal laws.
Special Litigation Services. Municipal litigation frequently combines complex legal issues with sensitive matters of public perception. We shepherd our clients through the litigation process and have practiced before all courts from the local and state level to the U.S. Supreme Court. Our experience includes employment discrimination, first amendment claims, Article 78 proceedings involving challenges to the municipality’s rulings, and civil rights actions against local law enforcement officials.