New York Court of Appeals
Honore de St. Aubin v. Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York
July 10, 198668 N.Y.2d 66
Summary
The New York Court of Appeals held that the petitioners' takings claim was ripe for review, that the burden of proving a reasonable probability of rezoning rests on the petitioners rather than the State commissioner, and therefore reversed the Appellate Division’s order, remanding for a new hearing on the taking claim with the proper burden allocation.