Village of Croton-On-Hudson v. County of Westchester

In an action for an injunction, plaintiff appeals from an the Supreme Court, Westchester County, entered March 22, 1972, *980which denied its motion for a preliminary injunction. Order reversed, without costs, and motion granted. In our opinion, the record establishes that the approximately 20 acres of land which the defendant county proposes to excavate and use as a solid waste disposal site were acquired for public park purposes by a special borrowing and have been used as such for over 45 years. While the deeds into the county are in fee and contain no restriction of the land to park use and…