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ISLAND PARK, LLC v. STATE

No. 132.

21 N.Y.3d 981 (2013)

993 N.E.2d 1264

971 N.Y.S.2d 243

2013 NY Slip Op 4757

ISLAND PARK, LLC, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided June 26, 2013.

Attorney(s) appearing for the Case

Young/Sommer LLC, Albany ( J. Michael Naughton of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Andrew D. Bing , William E. Storrs , Peter H. Schiff and Barbara D. Underwood of counsel), for respondent.

Elizabeth Dribusch , General Counsel, New York Farm Bureau, Albany ( Cynthia Feathers of counsel), for New York Farm Bureau, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Claimant brought this action in the Court of Claims to recover compensation for an alleged regulatory taking of its property. The basis for the claim is that the State Department of Transportation required the closure of a railroad crossing that claimant had used to move equipment from one part of its land to another. The record shows that the Department...

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