Environmental issues are important on Long Island and, as such, frequently are the subject of litigation – and appeals. In fact, in recent weeks, the Appellate Division, Second Department, has issued several significant decisions on a wide range of environmental matters in lawsuits filed in Long Island courts.
One case arose after certain property owners conducted sand mining on their property without a permit. The New York State Department of Environmental Conservation required the owners to reclaim or restore the affected land. However, allegedly due to their delays in restoring the land, their neighbors, over about three years, restored much of the affected land. Subsequently, the neighbors filed suit against the property owners to recover in quantum meruit and to enforce mechanic’s liens.
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