Legal Opinion
Berwick v. State
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1985No. Claim No. 1; Claim No. 2; Claim No. 3; Claim No. 4; Claim No. 5; Claim No. 6PublishedCited by 11 opinions
1Opinion of the Court
*82OPINION OF THE COURT
2Per curiam
As in the recently decided case of Chase Manhattan Bank v State of New York (103 AD2d 211), the central issue on this appeal is the proper valuation of property classified as wetlands taken in condemnation, where the claim is made that the wetlands restrictions are, themselves, confiscatory.
On October 26, 1979, the State of New York appropriated several parcels of land for conservation purposes pursuant to ECL 3-0305. The parcels, designated as Moneybogue Bay Marsh or Tidal Wetlands, are located in the Village of Westhampton Beach, Town of Southampton, Suffolk County. All…
3Cases cited4 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Spears v. BerleNew York Court of Appeals · 1979
- F. W. Woolworth Co. v. Tax CommissionNew York Court of Appeals · 1967
- Chase Manhattan Bank, N.A. v. StateAppellate Division of the Supreme Court of the State of New York · 1984
4Cited by11 opinions
- Matter of New Cr. Bluebelt, Phase 4.Appellate Division of the Supreme Court of the State of New York · 2014
- Gazza v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1995
- Gazza v. New York State Department of Environmental ConservationNew York Supreme Court · 1993
- Matter of New Cr. Bluebelt, Phase 3.Appellate Division of the Supreme Court of the State of New York · 2017
- Berwick v. StateAppellate Division of the Supreme Court of the State of New York · 1990
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