Winter 2008 Newsletter

Land Use Newsletter

Helping Communities Achieve Their Sustainable Future
A quarterly newsletter of the Land Use Law Center



 SeanNolon I am writing to inform you of some exciting and important changes at the Land Use Law Center and for me.  Since 1999, I have had the pleasure of working in and serving as the director of this innovative and entrepreneurial institution created by my father in 1993. During this time I have been privileged to work with many talented and dedicated colleagues and with many students.  Over the last year, I have enjoyed watching my colleagues take on more and more responsibilities for the management of our programs and they have exceeded all my expectations.

Coincident with - and somewhat in response to - these tremendous accomplishments, I have decided to step aside and pursue another related, but separate, opportunity outside of Pace Law School and the Land Use Law Center. Following my passion for mediation, I have accepted an offer to join the faculty of Vermont Law School in a tenure-track position as the Director of their Alternative Dispute Resolution Program.  While I am excited to make this significant professional move, I will miss the relationships and partnerships created while at Pace.

My departure in July will permit the senior staff of the Center to grow and assume new responsibilities.  Tiffany Zezula will be responsible for all training and outreach programs.  Jessica Bacher will handle all activities related to our real estate and academic activities and initiatives.  Ann Marie McCoy will handle most administrative and office responsibilities and John Nolon, my dad, in his role as Counsel and Faculty Liaison, will provide guidance, manage the organization as needed, and develop new program initiatives.

As the Center enters its 16th year, I have absolute confidence that these remarkable individuals will continue moving the Center on its upward trajectory.  Specifically, they will work to expand our research portfolio, creating new publications, helping other regions like the Finger Lakes, the Connecticut River Valley, and the Salt Lake City region adapt the Land Use Leadership Alliance (LULA) to their needs, and helping the law school build a Masters of Law program in Real Estate.

While this has been a very emotional decision, I am excited by the change that is to come.  This is certainly not a goodbye - my time at the Land Use Law Center and Pace helped shape my practice and it will certainly continue to do so long into the future. I encourage you to stay in touch and I will do the same.

With my deepest gratitude and appreciation for your partnership and support over the years and into the future.

Sean Nolon




Written for Publication in the New York Law Journal

February 20, 2007

John R. Nolon and Jessica Bacher



In recent years, high costs and environmental concerns have expanded opportunities to explore alternative sources of energy —including wind energy.  In response to the growth of wind energy facilities, many municipalities have drafted legislation to regulate them.  The following article examines a variety of wind energy statutes recently adopted in New York.


To view the article, please click here.



The Case Law Update highlights relevant State and Federal judicial decisions, and provides access to the full text of the New York State court decisions in the field of land use law.


To read the Winter 2008 Case Law Update click here.




There are a variety of ways to search resources on wind energy through the Gaining Ground Information Database.  One method is to simply type "wind energy" into the Search Resources box.  You may also use the Advanced Search option located in the menu on the right-hand side of the webpage.  After selecting this option, enter the words "wind energy" into the "description" field on the top half of the page.  If you wish to narrow the search to laws, or to resources from a particular jurisdiction, use the "limits" located on the bottom half of the page.  For example, limit the search by selecting "laws" from the resource type options on the bottom half of the advanced search page, "municipality" from the jurisdiction and "New York" from the state options.  Scroll through the results and find a law on "wind energy" in New York.

To perform a search on wind energy, or another topic of interest, click here...

The Gaining Ground Information Database ( is an on-line database that contains information about the methods used by governments to control the use of land in the public interest.  It includes federal, state, and local laws and regulations, commentaries, research papers, and a variety of research aids.






Losing Ground: A Nation on Edge

Edited by Professors John R. Nolon and Daniel B. Rodriguez


Losing Ground: A Nation on Edge calls attention to the emerging issues involved in building on the edge of vulnerable places, explores why we do this, and proposes ways to mitigate its impact. This volume contains creative thinking and informative analysis about new approaches to ecosystem management and environmental regulation that localities and states can implement to protect the environment, society, and property rights. This book proudly joins ELI’s Ground Suite—the critically acclaimed suite of books on land use and environmental law by Professor John Nolon.


For more information or to place an order, click here.






The Land Use Leadership Alliance Training Program is presenting several training programs this spring.  For further information, please contact Tiffany Zezula at


Program sponsored by the National Fish and Wildlife Foundation, Long Island Sound Futures Fund, The Nature Conservancy, and The Nevas Family Fund of the Fairfield County Community Foundation.

Friday, March 28

Thursday, April 10

Friday, April 25

Friday, May 2

8:30am - 5:00pm


Program sponsored by the New York State Department of Environmental Conservation, Hudson River Estuary Program.

Friday, April 4

Friday, April 18

Thursday, May 1

Friday, May 9

8:30am - 5:00pm


Program sponsored by the Dyson Foundation.

Friday, May 2

Thursday, May 16

Friday, May 30

Friday, June 6

8:30am - 5:00pm


Program sponsored by the County of Rockland.

Friday, March 28

Friday, April 11

Friday, April 25

Thursday, May 8

8:30am - 5:00pm






Strategies for Developers and Municipalities


Marist College Cabaret in Student Center


Tuesday, April 29, 5pm - 9pm


Registration fee is $15


Sponsored by Hudson Valley Smart Growth Alliance and Clearwater, this conference will discuss how communities can achieve smart, sustainable growth utilizing principles of biodiversity.  Speakers at this conference will present principles of biodiversity conservation, case studies of municipal and county strategies, and resources available to inform the process


For registration information: or (845) 454-7673 Ext.113

For other information please call Jolanda Jansen at (845) 505-0324



We would like to thank all those who participated and wrote pieces in past editions of the newsletter. We would again like to solicit case studies from municipal officials and local leaders in the region.  Case studies can be modeled after ones contained in previous issue, or, if preferred, we can write the case study based upon an interview.  All summaries must be submitted by May 1, 2008 in order to be included in the Spring Newsletter. Please contact us at if you are interested. 

Additionally, if you have any items of interest, including upcoming events or conferences, that you would like included in the next newsletter, please contact us at Please provide a short summary of the event, along with any links to pertinent websites or materials, to be posted with the announcement.


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