Legal Opinion
Brotherton v. Department of Environmental Conservation
New York Supreme Court
Decided February 24, 1997PublishedCited by 1 opinion
1Opinion of the Court
*335OPINION OF THE COURT
Lawrence Newmark, J.
Upon remand from the Appellate Division, Second Department, and the evidentiary hearing before the undersigned pursuant thereto, the wetlands regulations considered together with denial of petitioner’s application described herein, do not work an unconstitutional taking of the petitioner’s property; and it is ordered that the proceeding is dismissed.
The petitioner owns two separate parcels bounded by the Quogue Canal on the north side and the Atlantic Ocean on the south side. The parcels are separated by Dune Road. The deed to each parcel recites a…
2Cases cited8 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Spears v. BerleNew York Court of Appeals · 1979
- Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997
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3Cited by1 opinion
- Brotherton v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1998