Town of Massena v. Niagara Mohawk Power Corp.

OPINION OF THE COURT

Herlihy, J.

As a preliminary matter it is noteworthy that a trial was held herein by stipulation of the parties to present evidence on both the issues of condemnation and temporary possession of property belonging to the respondent. It is solely those issues which are before the court upon this appeal.

On April 16, 1974, the plaintiff, an incorporated municipality, adopted a resolution authorizing it to own and operate an electric utility and further authorizing the issuance of $4,500,-000 serial bonds to finance the project. The resolution was approved by the eligible…