City of Yonkers v. M. E. D. Corp.

The defendants M. E. D. Corporation and Krug move to vacate the order herein dated August 29, 1929, appointing commissioners of appraisal in this condemnation proceeding, and to dismiss the petition herein, upon grounds concededly asserted by them for the first time upon this motion, that in so far as damage parcel 5-a, owned by the said defendant corporation, and damage parcels 2 and 3-a, owned by the defendants Krug, all not within the bed of the proposed widened highway, are concerned, the proposed taking thereof, being of property in excess of the municipality’s requirements for the…