Monroe Equities v. State

In an action for a judgment declaring that New York State watershed protection regulations promulgated by the New York State Department of Health pursuant to article 11 of the Public Health Law are invalid as applied to the plaintiffs property and constitute an unconstitutional taking of that property, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Bartlett, J.), dated July 23, 2012, as granted that branch of the defendants’ motion which was to dismiss the complaint for lack of subject matter jurisdiction pursuant to CPLR 3211 (a)…