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NEW CR. BLUEBELT, PHASE 3

2015-03862. Index No. 4013/06.

156 A.D.3d 163 (2017)

65 N.Y.S.3d 552

2017 NY Slip Op 07994

In the Matter of NEW CREEK BLUEBELT, PHASE 3. BAYCREST MANOR, INC., Respondent; CITY OF NEW YORK, Appellant.

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

Decided November 15, 2017.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Rochelle Cohen , Michael Chestnov and Adam Dembrow of counsel), for appellant.

Goldstein, Rikon, Rikon & Houghton, P.C., New York City ( Jonathan Houghton of counsel), for respondent.

CHAMBERS, HINDS-RADIX and CONNOLLY, JJ., concur.

OPINION OF THE COURT

An owner whose property has been taken in condemnation is entitled to "just compensation" (US Const 5th Amend). At issue on this appeal is how to determine just compensation when the property at issue is subject to wetlands regulations that restrict its development. In Chase Manhattan Bank v State...

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