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SPEARS v. BERLE

48 N.Y.2d 254 (1979)

Harry O. Spears et al., Respondents, v. Peter A. A. Berle, as Commissioner of Environmental Conservation of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter G. Crary and Stanley Fishman for appellants.

William A. Glass for respondents.

Laurance Rockefeller and Drayton Grant for Natural Resources Council, Inc., amicus curiae.

Madonna S. Ghandhi for New York State Landowners for Constitutional Rights, Inc., amicus curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

Petitioners own two parcels of land. One, known as the "Culver" property, contains 38 acres of freshwater wetland out of a total of approximately 51 acres. The second tract has an area of about 43 acres and an 8-acre wetland referred to as "Spears' Bog". Both properties were classified as wetlands, the first because of its size, the second because it was determined by the Commissioner of Environmental...

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