Legal Opinion

Crowell v. State

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1963No. Claim No. 35980PublishedCited by 1 opinion

1Per curiam

The Court of Claims made an award in this case of $250 for the alleged taking of a fee in the highway on which the claimants’ premises abutted and an award of $6,040 for “ the deteriorating effect of the removal ” of shade trees in the highway.

The Court of Claims was in error in assuming that the State had appropriated a fee. The appropriation was only of a highway easement, which is exactly what the State had before the appropriation.

The current appropriation proceeding had its genesis in the following set of facts. The State had not paved the whole of the strip of land over which it had a…

2Cases cited8 opinions

  1. Sauer v. City of New YorkSupreme Court of the United States · 1907
  2. Sauer v. . City of New YorkNew York Court of Appeals · 1904
  3. Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
  4. Osborne v. . Auburn Telephone Co.New York Court of Appeals · 1907
  5. Stevens v. StateNew York Court of Claims · 1959

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Organek v. StateNew York Court of Claims · 1991

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