Central School District No. 1 of the Towns of Colchester, Hamden, Hancock, Walton, Andes and Tompkins, Delaware County v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— The lands appropriated by filing of map on March 4, 1958, were held by respondent school district for school purposes and thus in a governmental capacity. (Brush V. Commissioner, 300 U. S. 352, 371; Matter of Bethlehem Union Free School v. Wilson, 303 N. Y. 107,113; Union Free School Hist. No. 14 v. Village of Hewlett Bay Park, 279 App. Div. 618-619.) Consequently, the district was not entitled to compensation upon the taking by the State. (Hunter v. Pittsburgh, 207 U. S. 161, 178-179; People ex rel. Palmer v. Travis, 223 N. Y. 150, 166-167.) Section 3 of the General Municipal Law,…
2Cases cited6 opinions
- Hunter v. City of PittsburghSupreme Court of the United States · 1907
- Brush v. CommissionerSupreme Court of the United States · 1937
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- Board of Education of Union Free School District No. 1 v. WilsonNew York Court of Appeals · 1951
- Union Free School District No. 14 v. Village of Hewlett Bay ParkAppellate Division of the Supreme Court of the State of New York · 1951
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