Legal Opinion

In re the County of Nassau

New York Supreme Court

Decided December 16, 1970PublishedCited by 1 opinion

1Opinion of the CourtHoward T. Hogan, J.

In this eminent domain proceeding the claimants seek an order opening the partial final decree to permit claimants to prove certain consequential damages allegedly sustained by virtue of the acquisition. The following facts appear from the affidavits submitted.

The claimants, Helen and John Retzler, purchased a gas station property on Union Avenue and Farmingdale Turnpike prior to 1965.

In May of 1965, the county condemned the bed of Union Avenue for purposes of realigning and relocating that street. It appears that that portion of Union Avenue which was adjacent to claimants’ property was…

2Cases cited5 opinions

  1. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  2. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  3. Smith v. GagliardiNew York Supreme Court · 1955
  4. Single v. StateNew York Court of Claims · 1946
  5. Single v. StateNew York Court of Appeals · 1947

3Cited by1 opinion

  1. Retzler v. County ExecutiveNew York Supreme Court · 1971

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