Tilcon Minerals, Inc. v. Orange & Rockland Utilities, Inc.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This dispute arises from unexpected consequences of an agreement (the “agreement”) between Tilcon Minerals, Inc. (“Tilcon”) and Orange and Rockland Utilities, Inc., entered into on December 9, 1985 (the “1985 agreement”) under which Orange purchased from Tilcon more than 200 acres in Stony Brook, New. York. The agreement required that Orange pay the cost of relocating a rock crushing plant on the property sold at locations set forth on an Exhibit E to the agreement, subject to more detailed provisions concerning the site of the relocation.

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