Legal Opinion
Gazza v. New York State Department of Environmental Conservation
New York Supreme Court
Decided October 14, 1993PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael F. Mullen, J.
This is a proceeding brought pursuant to CPLR article 78, and ECL 25-0404, to review a determination by the Commissioner of Department of Environmental Conservation (DEC) dated January 16, 1992, which denied an application by petitioner Joseph F. Gazza for a tidal wetlands permit to build a single-family home located in the Village of Quogue, Town of Southampton, in Suffolk County.
Petitioner does not contend the determination was not supported by substantial evidence. He contends it amounts to a "taking” of his property without compensation. In that…
2Cases cited8 opinions
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Spears v. BerleNew York Court of Appeals · 1979
- Kransteuber v. ScheyerNew York Court of Appeals · 1992
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3Cited by3 opinions
- Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997
- Gazza v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1995
- Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997