Legal Opinion
Mobil Oil Corp. v. Long Island Lighting Co.
New York Supreme Court
Decided September 23, 1975PublishedCited by 2 opinions
1Opinion of the CourtJoseph Life, J.
Motion to dismiss the counterclaim is denied.
"Inverse condemnation” is a judicial concept. A court of equity, in an action by an owner to prevent interference with his rights in property, by one having the power of eminent domain, may determine all issues in the one action and require payment of appropriate past and future damages (see Ferguson v Village of Hamburg, 272 NY 234, 239-240; Heyert v Orange & Rockland Utilities, 24 AD2d 592, affd 17 NY2d 352).
Plaintiff argues from the decision in Heyert v Orange & Rockland Utilities (supra), that in this action in equity it will be denied "its…
2Cases cited5 opinions
- Ferguson v. Village of HamburgNew York Court of Appeals · 1936
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Buholtz v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1973
- Buholtz v. Rochester Telephone Corp.New York Court of Appeals · 1974
- Heyert v. Orange & Rockland Utilities, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
3Cited by2 opinions
- Tuffley v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1981
- Mobil Oil Corp. v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1976