New York Court of Appeals

Harry O. Spears v. Peter A. A. Berle, as Commissioner of Environmental Conservation of the State of New York

October 18, 197948 N.Y.2d 254

Summary

The Court of Appeals held that the Commissioner’s denial of the interim permit was supported by substantial evidence and therefore proper, and that the record was insufficient to decide whether the wetlands regulations amounted to a taking, remanding the case for an evidentiary hearing on that issue.