Lafayette Hotel Co. v. County of Erie

The plaintiff seeks a preliminary-injunction pending the determination of this action enjoining the defendant from taking immediate possession of certain premises owned in fee by plaintiff. The Board of Supervisors of the defendant, by resolution passed September 20, 1960, authorized the taking under chapter 758 of the Laws of 1937, as amended, in order to build a free public library.

The principal action demands judgment declaring said statute unconstitutional, declaring all of defendant’s acts pursuant *756thereto as unconstitutional, perpetually enjoining defendant from taking said property of…