Society of the New York Hospital v. Johhson

Plaintiff, a charitable corporation which for many years has conducted the Bloomingdale mental hospital in the City of White Plains, sues to restrain defendant State Superintendent of Public Works from attempting to acquire by appropriation for highway purposes a part of plaintiff’s hospital lands. The principal question of law is as to the effect on the Superintendent’s eminent domain powers of chapter 659 of the Laws of 1927 which stands unrepealed on the statute books and reads in pertinent part as follows:

“ Section 1. No street or avenue or road shall hereafter be laid out or opened…