Forest Creek Equity Corp. v. Department of Environmental Conservation

OPINION OF THE COURT

Robert J. Lunn, J.

This is a proceeding pursuant to CPLR article 78 wherein petitioner seeks an order enjoining the respondent, Depart*569ment of Environmental Conservation (DEC), from amending a certain freshwater wetlands map, preventing respondent from further interference with the construction on petitioner’s property or, in the alternative, ordering the commencement of a condemnation proceeding to compensate petitioner for the taking of its property by the State without due process of law and without just compensation.

In 1993, petitioner purchased property in the Town of…