Legal Opinion
Monroe Equities LLC v. State
New York Court of Claims
Decided August 25, 2014Published
1Opinion of the Court
OPINION OF THE COURT
Stephen J. Mignano, J.
Claimant seeks damages of one million dollars
“for a ‘categorical’ or lper se’ taking of claimant’s land prohibited by the Fifth Amendment to the Constitution as meant by Lucas v South Carolina Coastal Council, 505 US 1003 ([1992]) resulting from the imposition of certain governmental watershed protection regulations promulgated by the New York State Department of Health . . . pursuant to Article 11 of the Public Health Law” (claim at 1).
Claimant moves for summary judgment on the issue of liability and defendant cross-moves for dismissal on the grounds…
2Cases cited13 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Dolan v. City of TigardSupreme Court of the United States · 1994
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