Legal Opinion
Brotherton v. Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1998PublishedCited by 3 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Environmental Conservation of the State of New York, dated May 23, 1990, which, after a hearing, denied the petitioner’s application for a permit to erect a bulkhead on his tidal wetlands property, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Newmark, J.), entered April 17, 1997, which, after a hearing, adjudged that the denial of his application did not constitute an unconstitutional taking of his property interests and dismissed the proceeding.
Ordere…
2Cases cited8 opinions
- 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
- Haines v. FlackeAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by3 opinions
- Palazzolo v. State Ex Rel. TavaresSupreme Court of Rhode Island · 2000
- Lupoli v. Conservation Board of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1999
- Matter of Kelleher v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2018