Legal Opinion
Gazza v. New York State Department of Environmental Conservation
New York Court of Appeals
Decided February 18, 1997PublishedCited by 50 opinions
1Opinion of the Court
*608OPINION OF THE COURT
Smith, J.
The primary issue in this case is whether the denial of a building variance pursuant to environmental regulation effects an unconstitutional taking (US Const Fifth Amend; NY Const, art I, § 7) for which the landowner must be justly compensated. Petitioner argues that the denial of a variance due to legislation enacted to preserve wetlands is a taking despite the fact that the legislation was fully enacted and in force when he purchased the property. We disagree and affirm the dismissal of the petition.
Petitioner purchased property located in a residentially zoned…
2Cases cited22 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
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
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3Cited by50 opinions
- Paul Palmieri v. Pamela Lynch, AKA Pam Lynch, John Doe 1Court of Appeals for the Second Circuit · 2004
- Adirondack League Club, Inc. v. Sierra ClubNew York Court of Appeals · 1998
- Preble Aggregate, Inc. v. Town of PrebleAppellate Division of the Supreme Court of the State of New York · 1999
- Soon Duck Kim v. City of New YorkNew York Court of Appeals · 1997
- R-GOSHEN LLC v. Village of GoshenDistrict Court, S.D. New York · 2003
45 more not listed; retrieve them via the Exa API.