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RAPPL & HOENIG v. ENV CONS

88 Misc.2d 541 (1976)

In the Matter of Rappl & Hoenig Co., Inc., Petitioner, v. New York State Department of Environmental Conservation et al., Respondents.

Supreme Court, Monroe County.

October 22, 1976

Attorney(s) appearing for the Case

Martin, Dutcher, Mousaw, Vigdor & Reeves (Justin L. Vigdor and James S. Grossman of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Stanley Fishman and Julius Feinstein of counsel), for respondents.

WILMER J. PATLOW, J.

Petitioner is the owner of a 39-acre parcel of land located in the Town of Gates. In August of 1975 petitioner entered into a $550,000 contract to sell the land for a bottling plant. However, on September 1, 1975, article 24 of the Environmental Conservation Law, entitled Freshwater Wetlands, went into effect, and in November of 1975 petitioner was informed that approximately one half of...

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