Amsterdam Urban Renewal Agency v. Bohlke

Appeal from a judgment of the County Court, entered in Montgomery County, which dismissed plaintiff’s petition for the condemnation of defendant’s real property. By answer to the petition, respondent contended that his property was not necessary to appellant’s redevelopment plan (see General Municipal Law, § 555) and not taken for a public purpose (see Condemnation Law, § 4). The trial court correctly held that absent allegations that the taking was arbitrary or capricious, respondent could not raise the questions of the necessity for the taking (Culgar v. Power Auth. of State of N. Y., 4…