Legal Opinion

Wedinger v. Goldberger

New York Supreme Court

Decided February 18, 1986PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Charles A. Kuffner, J.

This is a special proceeding in which the petitioners seek a judgment pursuant to CPLR article 78: (1) annulling a cease and desist order issued by the respondent, Department of Environmental Conservation (hereinafter the DEC); (2) determining that petitioners’ property is not a wetland as defined in ECL article 24; (3) preventing the Department of Environmental Conservation from further interference with construction on petitioners’ property, or alternatively, requiring it to commence condemnation proceedings.

The petitioners are in the process of…

2Cases cited24 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Jones v. BermanNew York Court of Appeals · 1975
  3. Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
  4. People v. GowaskyNew York Court of Appeals · 1927
  5. Motor Vehicle Accident Indemnification Corp. v. EisenbergNew York Court of Appeals · 1966

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3Cited by2 opinions

  1. Wedinger v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1987
  2. Bisignano v. Department of Environmental ConservationNew York Supreme Court · 1986

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