Henry A. Zomerfeld

Henry concentrates his practice in environmental, energy, land use, and municipal law. His broader practice includes representing businesses and municipalities in a variety of commercial and contract-based litigation, tax assessment litigation under the Real Property Tax Law, and special proceedings under Article 78 of the Civil Practice Law and Rules.

As part of his municipal practice, Henry represents and counsels municipalities in a variety of matters, including those related to zoning, land use, code enforcement, takings, the State Environmental Quality Review Act, the Freedom of Information Law, and the Open Meetings Law. In addition, he represents municipalities and school districts in defending tax assessment challenge litigation.

Henry draws on his experience in the property tax arena to advise developers of renewable energy projects across New York State on real property tax implications, including the interplay of Real Property Tax Law Section 487 exemptions and payment-in-lieu-of-taxes (PILOT) agreements. Through his efforts, developers are able to better evaluate and prepare for real estate tax liabilities before and during the life of their projects. He represents developers and other clients before boards of assessment review and in Supreme Court litigating property tax exemptions and valuation issues. As part of his property tax practice, Henry also counsels clients on real property exemptions and incentives, including Real Property Tax Law Section 420-a for non-profit entities and Real Property Tax Law 485-b for commercial and industrial facilities.

In connection with his practice, Henry counsels both municipalities and private clients on land use and real estate development issues, including area and use variances, and project approvals, and has represented these clients in litigation over zoning matters.  

As part of his broader practice, Henry also serves as outside general counsel for public university student governments. In this capacity, he advises on policy matters, regulatory and legal compliance, risk management, and contract review and negotiation.  

Services

Education

State University College at Buffalo, B.A., cum laude

University at Buffalo School of Law, J.D.

Admissions

• New Jersey
• New York
• U. S. District Court, Western District of New York
• U. S. Bankruptcy Court, Western District of New York

Bar Associations

• New York State Bar Association
• Bar Association of Erie County