State v. Sour Mountain Realty, Inc.
ELR Citation: ELR 20167 No(s). 1999-03232 (N.Y. App. Div. Oct 2, 2000)
The court holds that the modification of a protected species' habitat may constitute a taking under the New York State Endangered Species Act. Property owners discovered a timber rattlesnake den near their property line and informed the state environmental agency that they intended to build a fence ...