Practice Areas

Real estate/Zoning/Land Use

From the 2003 founding of our legacy firm, the Law Offices of Richard E. Whalen, we have been devoted to the practice of real estate, zoning, and land use law. Rick Whalen and his team have always been considered THE local experts in East Hampton land use and zoning.

We know the landscape of the East End — geographic, regulatory, business, and political. Our institutional and historical knowledge of this area is second to none, and we use this to advance our clients’ interests and goals when it comes to their real estate.

In an effort to maintain the landscape, protect the waterways, control growth, and preserve farmland, local, county, and state-level authorities have established significant regulatory controls on land usage and development. Our clients commonly seek to make changes or alterations to their properties which require myriad government approvals. In other cases, landowners have been cited by local agencies in enforcement actions. As a result, our attorneys regularly represent clients at hearings and administrative proceedings, including Town Boards, Town Planning Boards, Architectural Review Boards, Zoning Boards of Appeal, Town Justice Court, the Suffolk County Department of Health Services, and the New York State Department of Environmental Conservation.

Our companion company, Landmarks, provides comprehensive land planning, permitting, and site design services for residential and commercial landowners and prospective purchasers of real estate. We regularly work with landscape designers, builders, architects, engineers and other professionals to ensure that your project comes to fruition. For more on Landmarks, go to www.landmarksllc.com.

Real Estate Closings

Whether you are buying or selling, we will help you navigate the process. Our goal is to make your purchase or sale as seamless and as trouble-free as possible. Our philosophy is based on the idea that where there is a willing buyer and a willing seller, the best practice is to make the transaction happen.

Because of our firm’s land use and zoning expertise, we bring that knowledge to bear on your residential or commercial real estate closing. Using an out-of-town firm unfamiliar with the robust local regulatory environment, or using a firm that promises a bargain fee, may not be a prudent decision when it comes to buying your Montauk or East Hampton home or investing in valuable East End real estate. In addition to our clients benefiting from our local expertise, we offer many real estate closings at a flat-rate fee.

Matters in the Public Interest

Our clients include preservation organizations, non-profits, and neighborhood groups who ask us to represent them in opposition to inappropriate construction or unsafe development. Among other things, we have fought against cell phone towers in residential neighborhoods, electrical sub-stations in pristine Montauk parkland, and have represented neighborhood groups who were concerned about power lines in their neighborhood.

Mediation/Family Law/Negotiated Divorce

We focus on mediation and out-of-court solutions for family conflict and divorce. We encourage divorcing couples to stay out of court so they can maintain control over their own family’s future, and to preserve their assets for their children and for their future lives apart.

Most divorces involve similar issues (parenting time with children, division of assets, and potential child support and/or spousal maintenance), and we believe these issues are better addressed through mediation, negotiation, or collaborative divorce. Although divorce is a stressful and difficult time, couples who choose more peaceful alternatives to litigation can control their own futures and make decisions that work best for their situation. Of course, all divorces can’t be mediated and, as an initial matter, we’ll help you decide which divorce approach is appropriate for your relationship.

We can mediate your divorce in our Amagansett offices or in New York City. Mediation is a safe, compassionate, and confidential space.