Tobin Packing Co. v. People

This is an action to declare an appropriation of a 20-foot strip of plaintiff’s land on August 15, 1969 by the defendant, pursuant to the Highway Law of the State of New York, void and of no effect. This nonjury case was tried before me in January, 1972.

On January 19, 1967 and on September 20, 1967, respectively, the State appropriated about two thirds of an acre of land from the plaintiff (Tobin) and about two thirds of an acre of land from Marcello D’Amico et al. (D’Amico). These lands were situated at the north end of their respective properties and extended along the entire north lines…