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Zoning Variances in the City of New York
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 JOSEPH
F. GAZZA, APPELLANT, v. NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
RESPONDENT.
89 N.Y.2d 603, 679 N.E.2d 1035, 657 N.Y.S.2d 555 (1997). February 18, 1997 The primary issue in this case is whether the denial of a building variance pursuant to environmental regulation effects an unconstitutional taking (US Const, Amend V; NYS Const, Art 1, § 7) for which the landowner must be justly compensated. Petitioner argues that the denial of a variance due to legislation enacted to preserve wetlands is a taking despite the fact that the legislation was fully enacted and in force when he purchased the property. The Court of Appeals upheld the dismissal of the petitioner's argument, ruling that this regulation was not a taking. |
 Steven
De Castro, Esq., represents clients in Article 78 proceedings before New
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Date: July 24, 2001 Steven De Castro © 2001, All Rights Reserved. The representations made are accurate to the best of the author's knowledge on the day of publication, but readers should note that laws and regulations constantly change and are subject to different interpretations. For legal advice applicable to your situation, see an attorney. The statements on this page expire one year after publication.
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Copyright © 1998 Steven De Castro. All Rights Reserved.