Hallock v. State

— Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered September 21, 1981 in Schoharie County, upon a decision of'the court at Trial Term (Weiss, J.), without a jury. This matter has been previously before us. Plaintiffs’ land was appropriated on August 14,1969 by the Power Authority of the State of New York through the State of New York. Plaintiffs challenged the taking and sought a declaratory judgment, contending that the State exceeded the power of eminent domain by taking the land in fee. A denial of cross motions for summary judgment was upheld by this court (39…