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DE ST. AUBIN v. BIGGANE

51 A.D.2d 1054 (1976)

Honore De St. Aubin et al., as Executors and Trustees of Ovide De St. Aubin, Deceased, et al., Respondents, v. James L. Biggane, as Commissioner of Environmental Conservation of The State of New York, Appellant

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

March 29, 1976

Order affirmed, with $50 costs and disbursements.

Plaintiffs are the owners of vacant lands situate at Lido, Town of Hempstead. Of their total 104 acres, approximately 74 acres are considered wetlands under the Tidal Wetlands Act (the Act). Most of the remaining 30 acres are within 300 feet of the said wetlands and, under the Act, constitute an area "immediately adjacent" to the wetlands. Prior to September 1, 1973, the...

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