Legal Opinion

Charles v. Diamond

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1975PublishedCited by 6 opinions

1Opinion of the CourtCardamone, J.

In this article 78 proceeding petitioner al*427leges that his property has been taken without just compensation by reason of denial of his request to develop it. He claims that in the event that sewers are not approved for his property and he is thereby prevented from building apartments on his property, he will be damaged in the amount of $100,000. On a previous appeal from a dismissal of this same article 78 petition we reversed and held that petitioner had stated a cause of action for article 78 relief and a cause of action on constitutional grounds for a taking without just compensation…

2Cases cited16 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
  4. United States v. Central Eureka Mining Co.Supreme Court of the United States · 1958
  5. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938

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3Cited by6 opinions

  1. Arastra Limited Partnership v. City of Palo AltoDistrict Court, N.D. California · 1975
  2. Kohlasch v. New York State Thruway AuthorityDistrict Court, S.D. New York · 1978
  3. Charles v. DiamondNew York Court of Appeals · 1977
  4. O'Brien v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1976
  5. Juleah Co. v. Incorporated Village of RoslynAppellate Division of the Supreme Court of the State of New York · 1977

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

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