Westover Sportsman's Ass'n v. County of Broome

Judgment, County Court, Broome County, entered May 27, 1975, affirmed, with costs, on the opinion of Smyk, J., at Trial Term. Greenblott, J. P., Kane, Main and Herlihy, JJ., concur; Larkin, J., dissents and votes to modify in the following memorandum. Larkin, J. (dissenting). Plaintiff instituted this action for a declaratory judgment that it had an easement by necessity over certain lands of the defendant and for money damages. In 1967 the defendant, in connection with a Federally funded watershed project, condemned the bulk of a tract of land which had been purchased some 10 years before by…