Legal Opinion

de St. Aubin v. Biggane

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

Decided March 29, 1976PublishedCited by 10 opinions

1Opinion of the Court

In an action inter alia to declare that the Tidal Wetlands Act (Environmental Conservation Law, art 25) effected a de facto taking of the plaintiffs’ property, the appeal is from an order of the Supreme Court, Nassau County, *1055dated July 1, 1975, which denied appellant’s motion to dismiss the complaint for failure to state a cause of action. Order affirmed, with $50 costs and disbursements. Plaintiffs are the owners of vacant lands situate at Lido, Town of Hempstead. Of their total 104 acres, approximately 74 acres are considered wetlands under the Tidal Wetlands Act (the Act). Most of the…

2Cases cited4 opinions

  1. Lutheran Church in America v. City of New YorkNew York Court of Appeals · 1974
  2. Rubin v. McAleveyNew York Supreme Court · 1967
  3. Griefer v. NewmanAppellate Division of the Supreme Court of the State of New York · 1964
  4. New York City Housing Authority v. Commissioner of the Environmental Conservation DepartmentNew York Supreme Court · 1975

3Cited by10 opinions

  1. Ward v. BennettAppellate Division of the Supreme Court of the State of New York · 1995
  2. Russo v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1977
  3. Blazejewski v. BD. OF ED. OF ALLEGANY CENT. SCHOOLDistrict Court, W.D. New York · 1983
  4. Plaza Health Clubs, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
  5. Blazejewski ex rel. Blazejewski v. Board of EducationDistrict Court, W.D. New York · 1983

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