[DOWNLOAD] "Matter Dowling College v. Robert F. Flacke" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Dowling College v. Robert F. Flacke
- Author : Supreme Court of New York
- Release Date : January 29, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Proceeding pursuant to section 207 of the Eminent Domain Procedure Law (EDPL) to review a determination and findings of the Commissioner of the Department of Environmental Conservation of the State of New York dated October 23, 1979, who determined, inter alia, that the department should acquire certain lands owned by petitioner for wetland preservation purposes. Determination confirmed and proceeding dismissed, without costs or disbursements. In this proceeding petitioner seeks review of a determination and findings of the Commissioner of the New York State Department of Environmental Conservation that a certain parcel of its land, known as Parcel 35.5, is amenable to acquisition under title 7 of article 51 of the Environmental Conservation Law. Prior to the determination, a legislative hearing was held before a hearing officer of the department. It is petitioners contention that Parcel 35.5 does not constitute "wetlands" within the statutory meaning of subdivision 7 of section 51-0703 of the Environmental Conservation Law. This section defines "wetlands" as: "Land and lands under water which may be permanently, temporarily or intermittently covered with fresh or salt-water and commonly referred to as flood basins or flats, meadows, marshes, shrub swamps, wooded swamps, swamps or bogs." At the close of the hearing, the hearing [78 A.D.2d 551 Page 552]