Legal Opinion

Terrace Hotel Co. v. State of New York

New York Court of Appeals

Decided May 16, 1967No. Claim 39895; Claim 40075PublishedCited by 15 opinions

1Opinion of the Court

Chief Judge Fuld.

In each of these two appeals, an owner of property in Sullivan County—Bardowitz and Terrace—• seeks damages against the State for its attempted appropriation of negative easements which would have barred billboards and advertising signs from the claimant’s land abutting the Quickway (Route 17). The Superintendent of Public Works, acting on behalf of the State, actually filed appropriation maps in 1958 and 1959 purporting to appropriate the easements pursuant to section 30 of the Highway Law. The State’s right to act under its power of eminent domain was not questioned by…

2Cases cited6 opinions

  1. West Investment Co. v. MoorheadCalifornia Court of Appeal · 1953
  2. Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
  3. John W. Lovell Co. v. HoughtonNew York Court of Appeals · 1889
  4. In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
  5. Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906

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3Cited by15 opinions

  1. Pedro Amezquita v. Rafael Hernandez ColonCourt of Appeals for the First Circuit · 1975
  2. DKR Mortgage Asset Trust 1 v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015
  3. Keystone Associates. v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  4. Keystone Associates v. StateNew York Court of Claims · 1975
  5. Modjeska Sign Studios, Inc. v. BerleAppellate Division of the Supreme Court of the State of New York · 1977

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