Litigation Update 2013

The firm’s litigation team obtained a key tactical victory on behalf of a major wireless telecommunications provider in a taxpayer action brought to invalidate a Village’s lease of municipal property for the construction of a wireless telecommunications tower. Town Law Section 51 authorizes taxpayers to bring court proceedings challenging certain municipal actions but does not provide a specific limitations period within which such a proceeding must be brought. Snyder & Snyder, LLP successfully argued that, in the absence of an explicitly enumerated statute of limitations, a three year limitations period should be applied to the taxpayer action rather than a six year statute of limitations. The Court agreed, and dismissed the taxpayer plaintiffs’ complaint holding that the plaintiffs had sat on their rights and had failed to timely commence the action. The decision, Giovanna Giunta et al. v. AG Towers, (Docket No 10004-2012) (Nassau Sup. 2013) was issued by the Honorable Norman Janowitz of the Supreme Court of Nassau County on December 19, 2013.