Gazza 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
Friedmann, J.
On this appeal, we must determine whether a landowner who purchased property with the full knowledge that it had been designated protected tidal wetlands can claim that a regulatory taking occurred when he was denied a building permit for a residence. We conclude that where, as here, a landowner does not have a reasonable investment-backed expectation that he would be able to build a residence on his parcel, he cannot claim a regulatory taking when his application for a permit to allow the construction of a building is denied.
I
This is a proceeding pursuant to…
2Cases cited13 opinions
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Allied Corp. v. Town of CamillusNew York Court of Appeals · 1992
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Spears v. BerleNew York Court of Appeals · 1979
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3Cited by7 opinions
- Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997
- Briarcliff Associates, Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of New Cr. Bluebelt, Phase 4.Appellate Division of the Supreme Court of the State of New York · 2014
- In re the Acquisition of Real Property by Nassau CountyAppellate Division of the Supreme Court of the State of New York · 2000
- Basile v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.