Thomas Shepardson -

Attorney Biography

Thomas A. Shepardson

Partner
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Attorney Biography

Thomas A. Shepardson

Partner

Tom Shepardson is a member of Whiteman Osterman & Hanna’s Real Estate Development, Zoning and Land Use: Municipal: CleanTech; and Environmental Practice Groups. His areas of expertise include Environmental Law, Zoning, Planning and Land Use Permitting, and Compliance and Litigation. Prior to joining the Firm, Mr. Shepardson was an Assistant Corporation Counsel for the city of Albany from 1989 to 1997 and an associate and Shanley, Sweeney, Reilly & Allen from 1997 to 2005.

Representative Accomplishments
  • Represented major shopping center developers through all phases of the environmental and local land use permitting process for numerous shopping centers, their expansion projects and other development projects throughout the State. Many of these projects involved controversy, and responsibilities involved creation of a solid litigation record before the administrative agency that withstood lawsuits by organized neighborhood groups and competitors. Mr. Shepardson’s practice also involves litigation defense of the administrative permits, land use approvals received and the environmental review performed.
  • Special counsel to the City of Albany in connection with the Park South Urban Renewal Project seeking to substantially redevelop a blighted mixed-use nine block area of the city.
  • Represented numerous developers of Projects through the intricacies of development in the Albany Pine Bush. Mr. Shepardson also was involved in the successful litigation defense of land use approvals and permits obtained.
  • As an Assistant Corporation Counsel for the City of Albany, represented the Planning Board, Common Council and Board of Zoning Appeals and prosecuted building code violations.
  • Argued case before the New York State Court of Appeals involving the “Padavan Law” and Federal Fair Housing Act, Rehabilitation Act and Americans with Disabilities Act in the Northern District of New York.
Affiliations

New York State Bar, Northern District of New York and the Second Circuit Court of Appeals. He is a member of the New York State and Albany County Bar Associations. He is a frequent lecturer on SEQRA and planning issues.

Publications

Reported Federal Cases:

  • Alliance For Environmental Renewal, Inc. v. Pyramid Crossgates Co.,--- F.3d ----, --- F.3d ----, 2006 WL 164946, 2nd Cir.(N.Y.), Jan 24, 2006
  • Masterpage Communicatons, Inc. v. Town of Olive, 2005 WL 2387838 (N.D.N.Y. 2005)
  • Garg v. Albany Indus. Development Agency, 899 F.Supp. 961, N.D.N.Y., Oct 12, 1995
  • Oxford House, Inc. v. City of Albany, 155 F.R.D. 409, 5 A.D.D. 558, 5 NDLR P 239, N.D.N.Y., May 17, 1994
  • Oxford House, Inc. v. City of Albany, 854 F.Supp. 112, 5 A.D.D. 595, 5 NDLR P 231, N.D.N.Y., May 12, 1994
  • Oxford House, Inc. v. City of Albany, 819 F.Supp. 1168, 1 A.D.D. 893, 4 NDLR P 25, N.D.N.Y., Apr 16, 1993

Reported State Cases:

  • Center Square Ass'n, Inc. v. City of Albany Bd. of Zoning Appeals, 19 A.D.3d 968, 798 N.Y.S.2d 756 (3rd Dept. 2005)
  • In re Application of Washington Commons Associates v. Board of Assessors and Board of Assessment Review of City of Albany, 4 Misc.3d 1027(A), 798 N.Y.S.2d 349 (Table, Text in WESTLAW), Unpublished Disposition, 2004 WL 2169398, 2004 N.Y. Slip Op. 51075(U), N.Y.Sup., Aug 16, 2004
  • Center Square Ass'n, Inc. v. City of Albany Bd. of Zoning Appeals, 9 A.D.3d 651, 780 N.Y.S.2d 203 (3rd Dept. 2004)
  • Heitzman v. Town of Lake George Zoning Bd. of Appeals, 309 A.D.2d 1126, 766 N.Y.S.2d 452 (3rd Dept. 2003)
  • Chalian v. Malone, 307 A.D.2d 619, 762 N.Y.S.2d 707 (3rd Dept. 2003)
  • Save the Pine Bush, Inc. v. Planning Bd. of City of Albany (Avila), 298 A.D.2d 806 (3rd Dept. 2002)
  • Save the Pine Bush Inc. v. City of Albany (Touhey), 281 A.D.2d 832 (3rd Dept. 2001)
  • McGrath v. Town Bd. of Town of North Greenbush, 254 A.D.2d 614 (3rd Dept. 1999), lv. den. 93 N.Y.2d 803 (1999)
  • Slimrod Ventures v. Town Bd. of Town of Amsterdam, 243 A.D.2d 944, 663 N.Y.S.2d 370, (3rd Dept. 1997)
  • Jennings v. New York State Office of Mental Health, 220 A.D.2d 148, 644 N.Y.S.2d 844 (3rd Dept. 1996), rev’d 90 N.Y.2d 227 (1997)
  • Capital City Rescue Mission v. City of Albany Bd. of Zoning Appeals, 235 A.D.2d 815, 652 N.Y.S.2d 388 (3rd Dept. 1997)
  • Save the Pine Bush Inc. v. Common Council of City of Albany, 225 A.D.2d 187, 650 N.Y.S.2d 870 (3rd Dept. 1996)
  • Save the Pine Bush Inc. v. City Engineer of City of Albany, 220 A.D.2d 871, 632 N.Y.S.2d 243 (3rd Dept. 1995)
  • Burke v. Denison, 218 A.D.2d 894, 630 N.Y.S.2d 421 (3rd Dept. 1995)
  • Marzocco v. City of Albany, 217 A.D.2d 872, 629 N.Y.S.2d 847 (3rd Dept. 1995)
  • First Nat. Bank of Downsville v. City of Albany Bd. of Zoning Appeals, 216 A.D.2d 680, 628 N.Y.S.2d 199 (3rd Dept. 1995)
  • Historic Albany Foundation Inc. v. Fisher, 209 A.D.2d 135, 625 N.Y.S.2d 349 (3rd Dept. 1995)
  • Harding v. Harris, 212 A.D.2d 931, 622 N.Y.S.2d 631 (3rd Dept. 1995)
  • Bytner v. City of Albany Bd. of Zoning Appeals, 211 A.D.2d 1000, 621 N.Y.S.2d 960 (3rd Dept. 1995)
  • City of Albany v. Feigenbaum, 204 A.D.2d 842, 611 N.Y.S.2d 719 (3rd Dept. 1994)
  • Sabatino v. Denison, 203 A.D.2d 781, 610 N.Y.S.2d 383 (3rd Dept. 1994)
  • Khanuja v. Denison, 203 A.D.2d 679, 610 N.Y.S.2d 364(3rd Dept. 1994)
  • Burke v. Denison, 203 A.D.2d 642, 609 N.Y.S.2d 959 (3rd Dept. 1994)
  • Matter of City of Albany, 199 A.D.2d 746, 605 N.Y.S.2d 469 (3rd Dept. 1995)
  • Center Square Ass'n Inc. v. Board of Bldg., Zoning and Housing Appeals of City of Albany, 195 A.D.2d 684, 599 N.Y.S.2d 897 (3rd Dept. 1993)
  • Greco v. Denison, 195 A.D.2d 660, 599 N.Y.S.2d 761 (3rd Dept. 1993)
  • Krouner v. City of Albany, 192 A.D.2d 930, 596 N.Y.S.2d 891 (3rd Dept. 1993)
  • Stender v. City of Albany, 188 A.D.2d 986, 592 N.Y.S.2d 70 (3rd Dept. 1992)
  • Midas Muffler v. City of Albany, 186 A.D.2d 856, 587 N.Y.S.2d 811(3rd Dept. 1992)
  • Criscione v. City of Albany Bd. of Zoning Appeals, 185 A.D.2d 420, 585 N.Y.S.2d 821 (3rd Dept. 1992)
  • Courtney v. City of Albany Bd. of Zoning Appeals, 177 A.D.2d 820, 576 N.Y.S.2d 434 (3rd Dept. 1991)
  • Nash v. Denison, 175 A.D.2d 436, 572 N.Y.S.2d 490 (3rd Dept. 1991)
Background/Education

Mr. Shepardson is a local product, having graduated from Christian Brothers Academy, Siena College, where he lettered in varsity baseball for four years, and Western New England School of Law.


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