MATTER OF GAZZA v. DEC


217 A.D.2d 202 (1995)

634 N.Y.S.2d 740

In the Matter of Joseph F. Gazza, Appellant, v. New York State Department of Environmental Conservation, Respondent

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

December 4, 1995


Attorney(s) appearing for the Case

Esseks, Hefter & Angel, Riverhead (Stephen R. Angel and John M. Wagner of counsel), for appellant.

Dennis C. Vacco, Attorney-General, New York City (Maria Semidei-Otero and Leslie Allen of counsel), for respondent.

BRACKEN, J. P., SULLIVAN and KRAUSMAN, JJ., concur.


FRIEDMANN, J.

On this appeal, we must determine whether a landowner who purchased property with the full knowledge that it had been designated protected tidal wetlands can claim that a regulatory taking occurred when he was denied a building permit for a residence. We conclude that where, as here, a landowner does not have a reasonable investment-backed expectation that he would be able to build a residence...

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