Legal Opinion
Smith v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided October 9, 1990PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Environmental Conservation dated July 13, 1983, which denied the petitioner’s application for a freshwater wetlands permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated June 30, 1988, which, after a hearing upon remittitur (see, Matter of Smith v Williams, 111 AD2d 855), found the denial did not constitute an unconstitutional taking of the petitioner’s property and dismissed the proceeding.
Ordered that the…
2Cases cited6 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Spears v. BerleNew York Court of Appeals · 1979
- Wedinger v. GoldbergerNew York Court of Appeals · 1988
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3Cited by5 opinions
- Briarcliff Associates, Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2000
- Darbonne v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 2006
- Brotherton v. Department of Environmental ConservationNew York Supreme Court · 1997
- Town of Esopus v. StateNew York Court of Claims · 1995
- Chevere v. City of New YorkNew York Supreme Court · 2010