County of Erie v. Bourne

Order unanimously reversed, without costs, and motion granted. Memorandum: Petitioner-appellant, County of Erie, appeals from an order which denied its motion to amend its petition for condemnation of an easement over respondent’s property for sewer purposes. The application was made by notice of motion served on October 27, 1975 following a preliminary order of condemnation granted on June 14, 1974 and the exchange of appraisals which were completed October 14, 1975. The original petition by the County of Erie sought to condemn an easement across the land of James and Alice Bourne on…