MTR OF CHARLES v. DIAMOND


47 A.D.2d 426 (1975)

In the Matter of William J. Charles, Appellant, v. Henry Diamond, as New York State Commissioner of Environmental Conservation, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 23, 1975


Attorney(s) appearing for the Case

Oot, Greene, Setright, Hershdorfer & Sharpe (Victor J. Ciabotti of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Martin H. Schulman and Ruth Kessler Toch of counsel), for Henry Diamond, respondent.

Eli Gingold (Hugh C. Gregg, II, of counsel), for William Harris, respondent.

Alexander J. Hersha (Roger Scott of counsel), for Village of Camillus, respondent.

MARSH, P.J., MOULE, MAHONEY and DEL VECCHIO, JJ., concur.


CARDAMONE, J.

In this article 78 proceeding petitioner alleges that his property has been taken without just compensation by reason of denial of his request to develop it. He claims that in the event that sewers are not approved for his property and he is thereby prevented from building apartments on his property, he will be damaged in the amount of $100,000. On a previous appeal from a dismissal of this same...

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