Jacob H. Zoghlin, Esq.
Partner
Phone: (585) 434-0790
Fax: (585) 563-7432
Email: [email protected]
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Practice Areas
- Environmental
- Land Use & Zoning
- Municipal
- Historic Preservation
- Energy
- Cannabis / Marijuana
- Mediation
Jacob is a Partner with The Zoghlin Group and Chairs the firm’s Zoning & Land Use Law and Cannabis Law practice group. His practice focuses on environmental, zoning, land use, cannabis, energy, & municipal law. He counsels individuals, businesses, & municipalities, and helps them resolve their issues by advocating, educating, advising, & litigating on their behalf.
In his municipal practice, Jacob provides special counsel services to municipal boards, and advises clients on a wide range of procedural and legal issues. His practice also focuses on ensuring government entities comply with the law, and has included litigation related to New York’s Administrative Procedure Act, Freedom of Information Law, and Open Meetings Law.
In his zoning and land use practice, Jacob works on matters involving site plan, incentive zoning, special local approvals/permits, variances, and other real estate development applications. Jacob has prosecuted and argued Article 78 proceedings in New York State trial and appellate courts, advised public and private sector clients on the State Environmental Quality Review Act, and worked with clients on environmental and land use regulations.
In his cannabis law practice, Jacob helps entrepreneurs grow their businesses the right way by navigating them through complex state and local requirements, advising them on license applications to the New York State Cannabis Control Board, assisting them with statutory and regulatory compliance, and helping them identify social equity benefits available under the Marihuana Regulations and Taxation Act.
Jacob is also enthusiastically involved in the local and state community. He is an active member of the New York State Bar Association and Monroe County Bar Association, is a prolific blogger on legal issues, and has repeatedly lectured on, and participated as a panelist for, continuing legal education courses involving new, interesting, or emerging areas of law. Jacob is also a member of the New York State Bar Association’s Cannabis Law Section, where he has chaired the Local Government Committee since 2022. Jacob also serves on the Board of Directors for the Flower City Arts Center (a Rochester-based non-profit), and previously served as an attorney observer on the Board of Directors for a Philadelphia-based nonprofit, the Senior Law Center.
Jacob has worked with The Zoghlin Group since 2016, when Senior Partner Mindy Zoghlin, Esq. formed the firm after nearly thirty years of practice. Before joining The Zoghlin Group, Jacob worked on environmental and municipal law matters with Bansbach Zoghlin PC, represented clients in a Human Rights Litigation Clinic, worked for the National Labor Relations Board, and interned for a Superior Court Judge in Washington, DC. He also previously worked with an employment litigation firm and a civil rights advocacy group in the Washington, DC area.
Jacob graduated cum laude from American University Washington College of Law, where he served as Senior Staff on the Journal of Gender, Social Policy, & the Law, and was a published author on the Human Rights Brief.
Jacob was born and raised in the Rochester, NY area and enjoys soup-making, skiing, being outdoors, and traveling with his wife and sons.
Admissions
- New York State
- United States District Court for the Eastern District of New York
- United States District Court for the Western District of New York
- United States District Court for the Northern District of New York
- United States Court of Appeals for the Second Circuit
- State of Ohio
- United States District Court for the Northern District of Ohio
- United States Court of Appeals for the Sixth Circuit
Education
- Juris Doctorate, American University Washington College of Law
- Bachelor of Arts in Philosophy, Haverford College
Professional Associations
- Member, American Bar Association
- Member, Monroe County Bar Associations
- Member, New York State Bar Association (NYSBA)
- Member, NYSBA Local and State Government Law Section
- Member, NYSBA Environmental and Energy Law Section
- Member, NYSBA Cannabis Law Section
- Chair, Local Government Committee of NYSBA's Cannabis Law Section
Professional Honors And Recognition
- 2025 “Best Lawyers: Ones to Watch in America” Award in the Fields of (1) Environmental Law and (2) Land Use and Zoning Law (granted in 2024 for 2025 award edition).
- 2024 Super Lawyers, Upstate New York — “Rising Star” Award in Environmental Law.
- 2024 “Best Lawyers: Ones to Watch in America” Award in the Fields of (1) Environmental Law and (2) Land Use and Zoning Law (granted in 2023 for 2024 award edition).
- 2023 Super Lawyers, Upstate New York — “Rising Star” Award in State, Local & Municipal Law.
- 2022 Super Lawyers, Upstate New York — “Rising Star” Award in Cannabis Law.
- 2021 Excellence in Law Honoree, Rochester Business Journal and The Daily Record – “Up and Coming Attorney” Award.
- 2021 Super Lawyers, Upstate New York — “Rising Star” Award in Environmental Litigation.
- 2020 Super Lawyers, Upstate New York — “Rising Star” Award in Zoning and Land Use Law.
Community Service, Volunteer Honors, And Non-Profit Leadership
- Flower City Arts Center. (Director, 2021-2023).
- Senior Law Center (Attorney Board Observer, 2019-2020).
- Pro-Bono Honors (American University Washington College of Law, 2014).
- Miller Fellow (Haverford College, 2010-2011)
- AmeriCorps (2009)
Litigated Cases
- Brighton Grassroots v. Town of Brighton et al (Petitioner/Plaintiff in 11 Declaratory Judgment actions, Article 78 special proceedings, and/or Hyrbrid actions in Monroe County Supreme Court challenging approvals for a large commercial development, and party to over a dozen appeals relating to such Project).
- Buchovecky v. S&J Morrell, Inc. et al, 175 A.D.3d 945 (4th Dept. 2019) (respondent/plaintiff) (affirming summary judgment dismissing defendant’s counterclaim).
- Cleere v. Frost Ridge Campground, LLC et al, 155 A.D.3d 1645 (4th Dept. 2017) (appellant/petitioner-plaintiff)
- DeLaus v. Monroe County, 162 A.D.3d 1493 (4th Dept. 2018) (appellant/plaintiff)
- Gasparino v. Town of Brighton Zoning Board of Appeals, Monroe Co. Supreme Court, NY (Index No. E2019011432) (petitioner) (granting Article 78 petition and annulling area variance)
- Gasparino v. Town of Brighton Zoning Board of Appeals, Appellate Division, Fourth Department, NY (Index No. CA 20-00820) (Respondent/petitioner) (Applicant relocated prior to appeal. Appellate Division reversed).
- Mason v. Caruana, 177 A.D.3d 1295 (4th Dept. 2019) (appellant/defendant) (holding that mortgage assignee could not assert innocent lender exemption to Navigation Law liability with respect to mortgaged gas station property, and holding that she was subject to navigation law liability pursuant to the doctrine of assignee liability)
- Mason v. Caruana, 181 A.D.3d 1158 (4th Dept. 2020) (appellant/defendant) (holding that defendant could assert any defenses and claims against plaintiff that he could have asserted against the assignor of the mortgage, including strict liability oil spill claims under New York State’s Navigation Law)
- Mason v. Caruana, Monroe Co. Supreme Court, NY (Index No. 7972/2016) (erroneous Index No. I2016007972) (defendant) (settled)
- Town of Ellery v. NYS Dept. of Transp. et al, 159 A.D.3d 1516 (4th Dept. 2018) (appellant/petitioner-plaintiff) (affirmed)
Seminars
- 2024 “Business of Cannabis 2024” Webinar, co-hosted by the Rochester Business Journal and The Daily Record, August 22, 2024, available at http://rbj.net/2023/12/13/business-of-cannabis-2024/ .
- 2024 "The Role of the Environmental Professional in Litigation Support," 2024 Annual Conference hosted by the Air & Waste Management Association - Niagara Frontier Section, the Buffalo Association of Professional Geologists, and the Erie Institute of law, January 25, 2024, available at http://awmanfs.wildapricot.org/event-5474787 .
- 2024 "Cannabis Law Update – Legal Development and Municipal Experience with Operating Cannabis Retailer(s)," New York State Bar Association, State & Local Government Law Section, 2024 Annual Meeting, January 17, 2024, available at https://nysba.org/annual-meeting-2024/am2024-local-an-state-government-law-section/ .
- 2023 Practical Guide to Zoning and Land Use Law in New York: Navigate the Zoning Process With an In-Depth Understanding of Zoning Regulations. Topic: “Roadmap for Navigating the Approval Process.” Sponsored by NBI, November 13, 2023.
- 2022 “The Business of Cannabis” Webinar, Leadership Series, co-hosted by the Rochester Business Journal and The Daily Record, August 18, 2022, available at https://rbj.net/webinars/business-of-cannabis-2022/.
- 2021 “Cannabis – Is Your Community Going to Opt in or Out” (Panelist). Sponsored by the New York State Bar Association (co-hosted by the Environmental & Energy Law Section and the Local & State Government Law Section for their Joint Fall Meeting of 2021), October 23, 2021.
- 2021 New York Adult Use Marijuana. Topic: “What Local Municipalities Need to Know.” Sponsored by the New York State Bar Associations Committee on Cannabis Law and Local & State Government Law Section.
- 2019 Ensuring Local Governments Comply with the Law. Topic: “Open Meetings Law.” Sponsored by NBI.
- 2018 Local Government Law from Start to Finish. Topic: “Open Meetings Law.” Sponsored by NBI.
Blog Articles
- 2024: Co-author of “Despite State Control Over Cannabis Licensing and Operation, Municipalities Still Have an Important Role,” published in NYSBA’s Municipal Lawyer, Vol. 38, No. 1 (2024).
- December 10, 2023: What Types of Projects are “Actions” Subject to SEQRA?
- November 9, 2023: Understanding Type I Actions Under SEQRA
- November 7, 2023: Simplifying Civil Litigation: New York’s Legal Landscape Transformed By Passage of New Law, Allowing Affirmations In Lieu of Affidavits in Civil Litigation
- September 25, 2023: Major New York State Cannabis Law Update: Key Takaways From the September 12, 2023, Cannabis Control Board Meeting
- September 3, 2023: The Zoghlin Group PLLC Celebrates Attorneys’ Inclusion on 2023 List of “Best Lawyers: Ones To Watch In America”
- September 3, 2023: The Zoghlin Group PLLC Celebrates Attorneys’ Inclusion on 2023 List of Super Lawyers and Rising Stars
- September 1, 2023: Airbnb’s Challenge to NYC’s Short-Term Rental Rules Dismissed: Court Upholds Regulations
- September 1, 2023: The Power of State Constitutions: Montana’s Recent Environmental Rights Ruling Explored
- August 8, 2023: New York State’s Green Amendment: An Examination of its Scope and Implications
- August 8, 2023: The “Seneca Meadows” Landfill Expansion Controversy in New York State
- June 26, 2023: New York Strengthens Enforcement Against Unlicensed Cannabis Operators
- May 30, 2023: Understanding Article 78 Proceedings in New York State: Why You Need an Experienced Attorney
- May 30, 2023: Understanding Use Variances in New York State
- May 30, 2023: Understanding Area Variances in New York State