Friedenburg v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
S. Miller, J.P.
This appeal presents us with the opportunity to address issues arising from the application of New York State wetlands regulations, as administered by the appellant, the New York State Department of Environmental Conservation (hereinafter the DEC), which have virtually eliminated the ability of the petitioners to utilize waterfront real property. The ultimate question to be answered is whether the application of these regulations rises to the level of a taking, thereby requiring the payment of monetary compensation. Under the circumstances of this case, we…
2Cases cited13 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Armstrong v. United StatesSupreme Court of the United States · 1960
- Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Putnam County National Bank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of New Cr. Bluebelt, Phase 4.Appellate Division of the Supreme Court of the State of New York · 2014
- Noghrey v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2008
- Gangemi v. City of New YorkNew York Supreme Court · 2006
- Friedenburg v. StateAppellate Division of the Supreme Court of the State of New York · 2008
6 more not listed; retrieve them via the Exa API.