Burda v. Palisades Interstate Park Commission

In an action to set aside an appropriation of land made by respondent for parkway purposes, under section 676-a of the Conservation Law, the complaint was dismissed on the ground that it fails to state facts sufficient to constitute a cause of action and on the further ground that the court does not have jurisdiction of the subject matter. Appellant contends that a portion of the land taken is not for authorized purposes and that the issue of necessity for the taking is for the court. Order unanimously *672affirmed, with $10 costs and disbursements. If it be assumed that the court may determine…