BERWICK v. STATE OF NEW YORK


107 A.D.2d 79 (1985)

Margaret M. Berwick et al., Appellants, v. State of New York, Respondent. (Claim No. 1.) In the Matter of Sebastian T. Pascale, Appellant, v. State of New York, Respondent. (Claim No. 2.) Constant Bishop, Appellant, v. State of New York, Respondent. (Claim No. 3.) Edward H. Rogers, Jr., Appellant, v. State of New York, Respondent. (Claim No. 4.) Edward H. Rogers, Jr., Appellant, v. State of New York, Respondent. (Claim No. 5.) Norman B. Dix, Appellant, v. State of New York, Respondent. (Claim No. 6.)

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

February 25, 1985


Attorney(s) appearing for the Case

Joseph Lite for appellants.

Robert Abrams, Attorney-General (Jeremiah Jochnowitz and Dennis Hurley of counsel), for respondent.

LAZER, J. P., GIBBONS, WEINSTEIN and NIEHOFF, JJ., concur.


Per Curiam.

As in the recently decided case of Chase Manhattan Bank v State of New York (103 A.D.2d 211), the central issue on this appeal is the proper valuation of property classified as wetlands taken in condemnation, where the claim is made that the wetlands restrictions are, themselves, confiscatory.

On October 26, 1979, the State of New York appropriated several parcels...

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