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HABERMAN v. CITY OF LONG BEACH

25 A.D.3d 583 (2006)

807 N.Y.S.2d 418

SINCLAIR HABERMAN, Respondent, v. CITY OF LONG BEACH et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 17, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

On a prior appeal this Court determined that there were issues of fact, inter alia, as to whether there had been a taking which needed to be decided at trial (see Haberman v City of Long Beach, 298 A.D.2d 497 [2002]). The plaintiff subsequently amended his complaint to allege a temporary regulatory taking claim (see Tahoe-Sierra Preservation Council...

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