Legal Opinion

O'Brien v. Barnes Building Co.

New York Supreme Court

Decided November 6, 1974PublishedCited by 11 opinions

1Opinion of the CourtJohn F. Scileppi, J.

This is a complex and multifaceted litigation involving, essentially, an interpretation of the term "tidal wetlands” as it is used in the new Tidal Wetlands Act (ECL art 25), which accounts for this rather lengthy decision.

The background of this litigation is as follows. Barnes Building Co., Inc., one of the parties, plans to erect a housing development on land adjoining Hook Pond in the Village of East Hampton. The Group for America’s South Fork, Inc., a conservation group, objects to the proposed construction on the ground that Hook Pond and the surrounding land are tidal wetlands. The…

2Cases cited47 opinions

  1. Sierra Club v. MortonSupreme Court of the United States · 1972
  2. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  3. Brady v. City of New YorkNew York Court of Appeals · 1968
  4. Procaccino v. StewartNew York Court of Appeals · 1969
  5. Legros v. IrvingNew York Supreme Court · 1973

42 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Save Pine Bush, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1981
  2. O'LEARY v. Sterling Extruder Corp.District Court, E.D. Wisconsin · 1982
  3. Stancil v. Mergenthaler Linotype Co.District Court, D. Hawaii · 1984
  4. Cortland Glass Co. v. AngelloAppellate Division of the Supreme Court of the State of New York · 2002
  5. Bozeat v. BergerNew York Supreme Court · 1976

6 more not listed; retrieve them via the Exa API.

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