Sahn & Ward attorneys win legal case for Rosyln Heights owners.The law firm of Sahn & Ward, PLLC PLLC Professional Limited Liability Company PLLC Polk Life and Learning Center (Bartow, FL) PLLC Partners of Limited Liability Corporation has won a significant victory for its clients in a lengthy court battle on behalf of three commercial property owners in Roslyn Heights Roslyn Heights (rŏz`lĭn), uninc. residential village (1990 pop. 6,405), Nassau co., SE N.Y., on Long Island. William Cullen Bryant lived and is buried in nearby Roslyn. . Sahn & Ward prevented the New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of State Department of Transportation from constructing a massive, 22-foot high sound barrier wall in front of its client's buildings along the north service road of the Long Island Expressway. "This has been very complex litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , involving a trial in Supreme Court, several appeals to the appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. , and multiple parties to the suit," said Michael H. Sahn, senior partner of Sahn & Ward, PLLC. "The key to this case was the DOT's initial decision to construct the barrier, which was based on a flawed and inaccurate noise study." Under complex federal guidelines that apply to New York State, the DOT cannot build a barrier unless scientific data shows a barrier is warranted to reduce projected noise impacts. Working closely with a renowned acoustical engineer, Sahn showed the court that the DOT's computer model was fatally flawed and was in fact contradicted by actual measurements in the field. Another victory in the case came when the Supreme Court denied a motion by a homeowner's group seeking to intervene in the case, since all of the group' s arguments had already been addressed and decided in motions and arguments made by the DOT. |
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