In re the Incorporated Village of Hewlett Bay Park

This is a proceeding in eminent domain instituted by the Incorporated Village of Hewlett Bay Park to acquire real property for village storage purposes.

Upon the return of this application, respondents filed an answer objecting to the proposed condemnation and interposed a cross petition in the nature of an article 78 or mandamus proceeding seeking to compel the village to hear respondents’ application for use of the subject property as a parking lot and sought a further order dismissing the petition of the village as not having been made in good faith nor for a public purpose as required by…