In the Matter of Joseph F. Gazza, Appellant v. New York State Department of Environmental Conservation, Respondent

Summary

The New York Court of Appeals affirmed the dismissal of the petitioner's claim that the denial of a building variance under the Tidal Wetlands Act constituted an unconstitutional taking. The court held that the petitioner failed to show that the regulation left his property with only a bare residue of value and that the agency's decision was supported by substantial evidence. A concurring opinion agreed with the result but argued that a subsequent purchaser could still assert a taking claim. The court declined to revisit the de St. Aubin standard.