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Richard L. O'Rourke
Richard L. O'Rourke  
Education

State University of New York at Geneseo – B.A. 1971

Bowling Green State University – M.A. 1972

Pace University School of Law – J.D. 1981



Professional Biography

Richard L. O'Rourke joined Keane & Beane, P.C. in 1981 and became a Member of the firm in 1985.  His practice includes serving as trial and appellate counsel in State and Federal Courts in commercial, environmental, zoning and land use matters, as well as representation of clients before federal, state and local boards and agencies.  He is Village Justice for the Village of Brewster, an elected position he has held for the past 16 years.

Mr. O'Rourke has extensive experience and success challenging and defending decisions of municipal boards in zoning and land use matters, including procedural compliance and substantive determinations of zoning boards of appeal, planning boards and legislative bodies.  In addition, he has successfully represented clients as lead counsel in complex and controversial litigations, including the 2007 landmark land use Court of Appeals case, Riverkeeper, Inc. v. Planning Board of Town of Southeast; the multi-jurisdictional dispute arising from the utilization of Sprain Road in the Town of Greenburgh and City of Yonkers; a challenge to the New York City Department of Environmental Protection's implementation of the Phosphorous Offset Program; and a 42 day property damage trial requiring extensive testimony of experts in the areas of engineering, hydrogeology and real estate valuation.

Mr. O'Rourke served for 15 years as Articles Editor of the Westchester County Bar Journal and has lectured for the New York State Bar Association, Nassau Academy of Law, Westchester and Putnam County Bar Associations, and the Westchester Municipal Planning Federation.  He previously has served as Town Attorney and Chairman of the Zoning Board of Appeals for the Town of Southeast, and is or has been counsel to villages and towns in Westchester, Putnam, Dutchess and Ulster Counties and the County of Rockland.  He also has represented numerous property owners and land development companies in obtaining approvals for retail, commercial and residential development.

Active as a leader in civic and legal affairs, Mr. O'Rourke has served on the Board of Directors of Junior Achievement of Westchester, Volunteer Service Bureau of Westchester, as President of the Brewster Education Foundation, and as President of the Putnam County Magistrates Association.  Additionally, he was selected as a Fellow of the American Bar Foundation, serves on the Pace Law School Board of Visitors, and was honored by Marquis' Who's Who In American Law for outstanding achievement in the practice of law.  In 2005, New York State Bar Association President A. Vincent Buzard appointed Mr. O'Rourke to the Special Task on Eminent Domain.  The special taskforce provides legal analysis and recommendations about the appropriate legislative and regulatory considerations in the aftermath of the U.S. Supreme Court ruling in Kelo v. City of New London, 1255 S.Ct. 2655 (2005).



Professional Associations

New York State Magistrates Association; New York State, Westchester County and Putnam County Bar Associations; Federal Bar Council; American Bar Association.



Seminars

“Redevelopment and Economic Development After Kelo,” Municipal Law and Environmental law Sections Joint Fall Meeting, New York State Bar Association, 2005.

“Administration and Enforcement of Land Use Controls,” New York State Bar Association, 2002.

“Litigation Update – Land Use and Related Topics,” Westchester County Bar Association with Pace University Michaelian Municipal Law Resource Center, 2001.

“New York Environmental Law Practical Skills – State Environmental Law and Land Use Regulation,” New York State Bar Association, 1995.



Cases of Note

Riverkeeper Inc. v. Planning Board of Town of Southeast, 9 N.Y.3d 219, 851 N.Y.S.2d 76 (2007).

Place v. Ginsburg, et al., 280 A.D.2d 656, 721 N.Y.S.2d 243, app. denied 96 N.Y.2d 714, 2001 N.Y. LEXIS 1438 (2001) (in breach of contract, fraud and quantum meruit action seeking additional executive compensation, all claims properly dismissed due to plaintiffs' failure to present sufficient evidence).

In the Matter of Samuel J. Abate, Jr., et al. v. City of Yonkers, et al., 264 A.D.3d 517, 694 N.Y.S.2d 724 (2d Dep't 1999) (Appellate Division for first time determined “So-Ordered” Stipulation of Settlement not exempt from SEQRA review where stipulation provided for removal of previously mandated mitigation measure).

In the Matter of Heritage Hills Sewage Works Corp. v. Town Board of the Town of Somers, et al., 245 A.D.2d 450, 666 N.Y.S.2d 648 (2d Dep't 1997) (developer-owned utility entitled to reasonable return on investment; Town Board actions in considering rate increase petition are administrative, not legislative).





Practice Areas
Environmental Law
Litigation & Dispute Resolution
Municipal Law
Zoning & Land Use
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