Legal Opinion
Diocese of Buffalo v. State
New York Court of Claims
Decided June 10, 1964No. Claim No. 36242PublishedCited by 3 opinions
1Opinion of the CourtDorothea E. Donaldson, J.
This is an action for damages for the appropriation in fee hy the defendant of 0.942± acres of land on July 23, 1958. The taking was accomplished to provide a power line right of way for electrical transmission facilities of the New York State Power Authority.
The appropriated land -is designated Parcel No. 1247, on Map No. 1247 and is located in the rural portion of the Town of Lewiston in Niagara County. Prior to the taking the land in question formed part of the Cate of Heaven Cemetery, owned and operated by the Diocese of Buffalo, a corporation by virtue of chapter 568 of the Laws of 1951.…
2Cases cited5 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Matter of City of New York (Fourth Ave.)New York Court of Appeals · 1930
- Laureldale Cemetery Co. v. Reading Co.Supreme Court of Pennsylvania · 1931
- Mattydale Shopping Center, Inc. v. StateNew York Court of Appeals · 1952
- Cementerio Buxeda, Inc. v. People of Puerto RicoCourt of Appeals for the First Circuit · 1952
3Cited by3 opinions
- State Highway Commission v. American Memorial Parks, Inc.South Dakota Supreme Court · 1966
- Central School District No. 1 v. StateNew York Court of Claims · 1965
- In re the City of Glen CoveNew York Supreme Court · 1970