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  5. 68 N.Y.2d 66 (1986)
 

DE ST. AUBIN v. FLACKE

68 N.Y.2d 66 (1986)

Honore De St. Aubin et al., Respondents, v. Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1986.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John G. Proudfit, Robert Hermann, Ezra I. Bialik, Stuart Miller and Jane Levine of counsel), for appellant.

Michael Bradie for respondents.

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

SIMONS, J.

Petitioners own 103 acres of real property contained in four contiguous parcels located in the Town of Hempstead. Because part of the land has been classified as tidal wetlands, respondent Commissioner of Environmental Conservation has denied them a permit to fill in the wetland portion and develop the acreage into 607 single-family residences. Accordingly, they instituted this proceeding pursuant to...

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