Legal Opinion

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

Decided February 7, 1963Published

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

  1. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  2. Brush v. CommissionerSupreme Court of the United States · 1937
  3. People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
  4. Board of Education of Union Free School District No. 1 v. WilsonNew York Court of Appeals · 1951
  5. 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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