Burda v. Palisades Interstate Park Commission

Plaintiff maintains this action in equity to set aside an appropriation of a triangular parcel of land taken pursuant to the provisions of section 676-a of the Conservation Law for parkway purposes. Plaintiff contends that the acts of defendant, Palisades Interstate Park Commission, were illegal because the appropriation of the triangular parcel described in Exhibit “A” attached to the complaint constituted an appropriation of more land than necessary for the public purpose.

Defendant, Palisades Interstate Park Commission, moves to dismiss the complaint upon the ground (1) that it does not…