Legal Opinion
Hargett v. Town of Ticonderoga
New York Court of Appeals
Decided November 19, 2009PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
On this appeal, we must determine whether Eminent Domain Procedure Law (EDPL) § 702 (B) provides for reimbursement of attorney’s fees and costs when a condemnee successfully challenges a condemnor’s authority to acquire real property in proceedings pursuant to EDPL 207 (A). We conclude that EDPL 702 (B) provides for reimbursement under such circumstances, and the Appellate Division order should be affirmed.
In a prior action, the Appellate Division determined that the Superintendent of Highways of the Town of Ticonderoga exceeded his authority in seeking…
2Cases cited3 opinions
- Matter of City of Ny (Grand Lafayette)New York Court of Appeals · 2006
- 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
- Hargett v. Town of TiconderogaAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by17 opinions
- Arbern Sutphin Properties, LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Gabe Realty Corp. v. City of White Plains Urban Renewal AgencyAppellate Division of the Supreme Court of the State of New York · 2021
- City of Plattsburgh v. WeedAppellate Division of the Supreme Court of the State of New York · 2012
- Hargett v. Town of TiconderogaNew York Supreme Court · 2010
- Matter of HBC Victor LLC v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 2022
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