On December 7, 2016, the Appellate Division, Second Department handed down Monroe Equities, LLC v State of New York, 2016 NY Slip Op 08206. The decision affirmed the dismissal of a claim for damages based on the contention that the application of watershed regulations precluding the right to install a septic system constituted a per se taking under Lucas v South Carolina Coastal Council, 505 US 1003, requiring compensation under the Takings Clause of the United States Constitution because claimant was deprived of all economically beneficial use of its property…. read more
December 14, 2016