County of Orange v. . Storm King Stone Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 9, 1920, which reversed an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings and remitted the proceeding to a new •commission for re-appraisal. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 9, 1920, which reversed an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings and remitted the proceeding to a new •commission for re-appraisal. The facts, so far as material, and the questions certified are stated in the opinion. The fact that Collins was a taxpayer of the county of Orange did not disqualify him from acting as. commissioner in this proceeding. (Matter of City of Rochester, 208 N. Y. 188; State…
1Opinion of the CourtCrane, J.
This proceeding was commenced under the provisions of the Highway Law for the purpose of acquiring a right of way across the lands of the defendant Storm King Stone Company, in the town of Cornwall, county of Orange, for state highway No. 5498, commonly known as the Storm King road, being a part of route No. 3 of the state trunk fine highway system.
The proceeding conformed not only to the provisions of the Highway Law, but by reason of the omissions in that law to all the requirements of the General Condemnation Law applicable thereto.
Judgment of condemnation was entered February 4th, 1915,…
2Cases cited8 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- People v. . SicklesNew York Court of Appeals · 1898
- Matter of RyersNew York Court of Appeals · 1878
- Hildreth v. . City of TroyNew York Court of Appeals · 1886
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- In re the Acquisition of Land by the City of UticaNew York Supreme Court · 1929
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