Hargett v. Town of Ticonderoga

Appeal from an order of the Supreme Court (Dawson, J.), entered February 22, 2008 in Essex County, which, among other things, granted defendants’ cross motion for summary judgment dismissing the complaint.

In a prior proceeding pursuant to EDPL 207 (A), this Court held that defendant Phillip Heustis, highway superintendent for defendant Town of Ticonderoga, exceeded his authority when he condemned plaintiffs property, purportedly as an exercise of eminent domain (Matter of Hargett v Town of Ticonderoga, 35 AD3d 1122 [2006], Iv denied 8 NY3d 810 [2007]). Plaintiff commenced this action,…