Legal Opinion
Westchester Creek Corp. v. New York City School Construction Authority
Appellate Division of the Supreme Court of the State of New York
Decided September 13, 2001PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
At issue in this proceeding is whether property acquired for public use in connection with an urban development project can subsequently be condemned for use as a public school. The parties have cited no authority directly on point, and this Court entertains the matter as a case of first impression.
*156Petitioner Westchester Creek Corporation is the tenant of a portion of the Zerega Avenue Urban Renewal Area, which is zoned Ml-2 and devoted to industrial, manufacturing and commercial purposes under an Urban Renewal Plan approved by the Board of Estimate on September…
2Cases cited13 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Adirondack Railway Co. v. New York StateSupreme Court of the United States · 1900
- Great Atlantic & Pacific Tea Co. v. StateNew York Court of Appeals · 1968
- Lefrak Forest Hills Corp. v. GalvinNew York Court of Appeals · 1973
- New York Central & Hudson River Railroad v. City of BuffaloNew York Court of Appeals · 1910
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3Cited by4 opinions
- Kaufmann's Carousel, Inc. v. City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2002
- Koren-DiResta Construction Co., Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Matter of PSC, LLC v. City of Albany Indus. Dev. AgencyAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Village of Ballston Spa v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2018