Bruce W. Migatz

Partner

Mr. Migatz is a graduate of Boston University and St. John's University School of Law. He was admitted to the New York State Bar in 1976 and to the U.S. District Courts for the Eastern and Southern Districts of New York.

In addition to trial and appellate work, Mr. Migatz concentrates his efforts in municipal and zoning law and serves as General Counsel to numerous co-ops and condominiums and is the Village Attorney for the Village of Asharoken. He is a member of the Nassau County and New York State Bar Associations, New York State Trial Lawyers Association and American Association for Justice (formerly known as the Association of Trial Lawyers of America).

Mr. Migatz is a former associate adjunct professor at Nassau Community College, former Chief Deputy Town Attorney for the Town of North Hempstead and former Village Attorney for the Incorporated Village of Manorhaven. He has been a guest lecturer at St. John's University School of Law, New York State Building Officials Conference, Building Inspectors Association of Nassau County, The Long Island Chapter of A.I.A. and First American Title Insurance Company. He has presented continuing legal education classes in land use matters for Lorman Education Services, National Business Institute and the Nassau County Bar Association. Mr. Migatz also authored several articles in the Nassau Lawyer concerning land use matters.

He successfully argued four land use cases before New York State Court of Appeals: Town of North Hempstead v. Exxon Corp., 53 N.Y.2d 747 (1981). Holding - The Town of North Hempstead's prohibition on self-service gasoline stations is constitutional; Cohen v. Board of Appeals of Village of Saddle Rock, 100 N.Y.2d 395 (2003). Holding - In enacting Village Law § 7-712-b (3), which enumerates the factors to be considered in determining whether an area variance should be granted, the State preempted the field of area variance review; Marchand v. New York State Department of Environmental Conservation and Incorporated Village of Bayville, 19 NY3d 616 (2012). Holding - A private road cannot become a public street by prescription pursuant to Village Law § 6-626 if the road is not maintained and repaired by the village; Colin Realty Co. LLC v. Town of North Hempstead, 24 NY 3d 96 (2014). Holding - A zoning board of appeals should evaluate requests for off-street parking variances by applying the standards for an area variance so long as the property is intended to be used for a purpose permitted in the zoning district and to the extent Off Shore Rest. Corp. v. Linden, 30 NY2d 160 (1972) suggests otherwise, it should no longer be followed and is overruled.

Articles authored by Bruce W. Migatz

The Answer to When a Private Road can Become A Public Street by Prescription Nassau Lawyer, December 2027

When Does A Private Road Become A Public Street By Prescription? Nassau Lawyer, December 2007

No “Do Overs” for Zoning Boards of Appeals Nassau Lawyer, May 2005

Uniformity, Not a Blow, to Zoning Laws Nassau Lawyer, September 2003

The What, When and What If of Board of Appeals’ Findings of Fact Nassau Lawyer, April 2003