Legal Opinion
In re the Incorporated Village of Hewlett Bay Park
New York Supreme Court
Decided June 4, 1968PublishedCited by 2 opinions
1Opinion of the CourtHoward T. Hogan, J.
In this proceeding in eminent domain the Incorporated Village of Hewlett Bay Park has vested title to a parcel of land containing 40,390 square feet.
When the petition to condemn was presented, this court denied the application on the grounds that the village was perverting the condemnation process, and utilizing its powers solely to proscribe a use for the property which it deemed distasteful, to wit, as a parking area for conjunctive use with a shopping center. That determination was reversed by the Appellate Division and the Court of Appeals declined to hear further appeal at that time on…
2Cases cited14 opinions
- Minneapolis-Saint Paul Sanitary District v. FitzpatrickSupreme Court of Minnesota · 1937
- Yolo Water & Power Co. v. HudsonCalifornia Supreme Court · 1920
- Commonwealth, Department of Highway v. RankinCourt of Appeals of Kentucky (pre-1976) · 1960
- Peoria, Bloomington & Champaign Traction Co. v. VanceIllinois Supreme Court · 1908
- Smick v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1954
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3Cited by2 opinions
- County of Middlesex v. Clearwater Village, Inc.New Jersey Superior Court Appellate Division · 1978
- Spriggs v. StateAppellate Division of the Supreme Court of the State of New York · 1976