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O'BRIEN v. BARNES BLDG. CO.

85 Misc.2d 424 (1974)

Dorothy C. O'Brien et al., Plaintiffs, v. Barnes Building Company, Inc., et al., Defendants. In the Matter of Dorothy C. O'Brien et al., Petitioners, v. J. L. Biggane, as Commissioner of the New York State Department of Environmental Conservation, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

November 6, 1974

Attorney(s) appearing for the Case

Winer, Neuburger & Sive for plaintiffs. Fallon & O'Conor for Vincent Amann, defendant. Tooker, Tooker & Esseks for Barnes Building Company, Inc., respondent and defendant. Louis J Lefkowitz, Attorney-General, for J. L. Biggane and another, respondents.

JOHN F. SCILEPPI, J.

This is a complex and multifaceted litigation involving, essentially, an interpretation of the term "tidal wetlands" as it is used in the new Tidal Wetlands Act (ECL art 25), which accounts for this rather lengthy decision.

The background of this litigation is as follows. Barnes Building Co., Inc., one of the parties, plans to erect a housing development on land adjoining Hook Pond...

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