Benincasa v. New York State Department of Environmental Conservation

Second Circuit

Benincasa v. New York State Department of Environmental Conservation

85 F. App'x 244

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 12, 2004

DocketNo. 03-7557

StatusPublished

Cited by2 cases

This text of 85 F. App'x 244 (Benincasa v. New York State Department of Environmental Conservation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benincasa v. New York State Department of Environmental Conservation, 85 F. App'x 244 (2d Cir. 2004).

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Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

Michael Benincasa appeals from the dismissal for lack of subject matter jurisdiction of his takings claim by the United States District Court for the Eastern District of New York (Seybert, /.). Familiarity is assumed as to the facts, the procedural context, and the specification of appellate issues.

When reviewing such a dismissal, “we review factual findings for clear error and legal conclusions de novo.” Close v. New York, 125 F.3d 31, 35 (2d Cir.1997).

For the reasons substantially stated by the district court, Benincasa’s takings claim was not ripe for review. The district court therefore properly concluded that it lacked subject matter jurisdiction pursuant to Fed. R. Civ. Proc. 12(b)(1). It is therefore unnecessary to consider the Department of Environmental Conservation’s contention that the Eleventh Amendment immunizes it from a takings claim brought in federal court.

Accordingly, the judgment of the district court is hereby AFFIRMED.

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