Legal Opinion

W.J.F. Realty Corp. v. State

New York Supreme Court

Decided April 22, 1998PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

William L. Underwood, Jr., J.

*764The matter sub judice is an action which challenges the constitutionality of the Long Island. Pine Barrens Protection Act (ECL 57-0103 et seq.; L 1993, chs 262, 263 [the Act]) as it is written and as the Act is applied to individuals affected by it.

This controversy is occasioned by a clash between two dynamic impulses, the collective right to preserve natural resources and the individual right of property. Both of these rights are essential constituents of society. Neither, however, is absolute. The role of the court is to balance these two…

2Cases cited19 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. United States v. MillerSupreme Court of the United States · 1943
  3. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  4. Dolan v. City of TigardSupreme Court of the United States · 1994
  5. Olson v. United StatesSupreme Court of the United States · 1934

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Dittmer v. County of SuffolkCourt of Appeals for the Second Circuit · 1998
  2. W.J.F. Realty Corp. v. Town of SouthamptonDistrict Court, E.D. New York · 2002
  3. Henry Dittmer v. County Of SuffolkCourt of Appeals for the Second Circuit · 1998
  4. Toussie v. Central Pine Barrens Joint Planning & Policy CommissionNew York Supreme Court · 1999
  5. W.J.F. Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1999

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