[Download] "Matter Rappl & Hoenig Co. v. New York State Department Environmental Conservation Et Al." by Court of Appeals of New York ~ Book PDF Kindle ePub Free

March 01, 2021

eBook details

Title: Matter Rappl & Hoenig Co. v. New York State Department Environmental Conservation Et Al.
Author : Court of Appeals of New York
Release Date : January 26, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

The Appellate Division erred, however, in the reasons given for leaving the matter with Special Term. The determination of whether the petitioners property could be drained without endangering the environment, as well as other issues concerning the use of the property, may be raised only after a determination that the subject property comes within the Freshwater Wetlands Act (ECL 24-0107, subd 1). If it is determined that the property comes within the purview of the act, questions concerning the use of the property must be considered initially by the Department of Environmental Conservation or the duly empowered local government within the confines of an application for a permit (ECL 24-0703, subd 1; 24-0705, subd 1). Review of such determinations may then be sought either administratively or in the courts (ECL 24-1105).