King v. Power Authority

Staley, Jr., J. P.

This is an appeal from a judgment of the Supreme Court at Special Term, entered in Greene County on November 13, 1973, which (1) dismissed the complaint in an action for a declaratory judgment and permanent injunction; and (2) set forth a declaration of rights in favor of defendant.

Plaintiffs are all owners of real property in the Town of Athens, County of G-reene. In the spring of 1973 defendant notified plaintiffs that it intended to enter upon their lands and conduct certain activities including digging, blasting and storage of equipment for the purpose of determining…