Legal Opinion
Ardizzone v. Elliott
New York Court of Appeals
Decided December 21, 1989PublishedCited by 15 opinions
1Opinion of the Court
*152OPINION OF THE COURT
Chief Judge Wachtler.
The issue in this article 78 proceeding is whether the respondent, Town Board of the Town of Yorktown, has the power to regulate development in freshwater wetlands that have been mapped by the State Department of Environmental Conservation (DEC) and that are subject to State regulatory jurisdiction. Because we conclude that the DEC has exclusive authority to regulate State-mapped freshwater wetlands under the Freshwater Wetlands Act (ECL art 24) unless a local government has expressly assumed jurisdiction over such wetlands, we find that Yorktown’s…
2Cases cited8 opinions
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- Kamhi v. Town of YorktownNew York Court of Appeals · 1989
- People v. De JesusNew York Court of Appeals · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
- Incorporated Village of Nyack v. Daytop Village, Inc.New York Court of Appeals · 1991
- Huerta v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- D.B.S. Realty, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1994
- People v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 1990
10 more not listed; retrieve them via the Exa API.