Legal Opinion
Village of Brockport v. County of Monroe Pure Waters Division
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1977PublishedCited by 4 opinions
1Opinion of the CourtCardamons, J.
Defendants appeal from an order at Special Term which denied its motion made pursuant to CPLR 3211 (subd [a], pars 2, 7) to dismiss plaintiff’s complaint which alleged that defendants’ taking and control of its village sewage treatment plant constituted a de facto condemnation and that it is, therefore, entitled to be compensated pursuant to section 3 of the General Municipal Law.
From 1955 through 1972 the Village of Brockport in Monroe County constructed, operated and maintained a waste water and sewage treatment plant located at East Avenue in the village. In 1967 at a cost of $915,778.15…
2Cases cited5 opinions
- City of Albany v. StateNew York Court of Appeals · 1971
- Town of Tonawanda v. StateNew York Court of Claims · 1966
- City of New York v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- City of New York v. StateNew York Court of Appeals · 1976
- City of Albany v. StateNew York Court of Claims · 1973
3Cited by4 opinions
- Village of Brockport v. County of Monroe Pure Waters DivisionAppellate Division of the Supreme Court of the State of New York · 1980
- Atlantic States Legal Foundation v. Onondaga County Department of Drainage & SanitationDistrict Court, N.D. New York · 2001
- Town of New Windsor v. StateNew York Court of Claims · 1979
- Village of Brockport v. County of Monroe Pure Waters DivisionNew York Court of Appeals · 1978