Legal Opinion

Terrace West, Inc. v. City of Plattsburgh

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1979PublishedCited by 8 opinions

1Opinion of the Court

Proceeding instituted in this court, pursuant to subdivision (A) of section 207 of the Eminent Domain Procedure Law, to review the determination and findings of the City of Plattsburgh relative to the public need for, and environmental and other effect of tbe Sandra Avenue Improvement Project. At issue in this proceeding is whether the proposed taking of a paved driveway owned by petitioner to facilitate the development of six privately owned building lots at the northern terminus of that driveway is for a public or private use. At the required public hearing, the City of Plattsburgh…

2Cases cited4 opinions

  1. Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
  2. Matter of Murray v. LaguardiaNew York Court of Appeals · 1943
  3. Evans v. StateAppellate Division of the Supreme Court of the State of New York · 1970
  4. Evans v. StateNew York Court of Appeals · 1971

3Cited by8 opinions

  1. Waldo's, Inc. v. Village of Johnson CityNew York Court of Appeals · 1989
  2. 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
  3. Neptune Associates, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Board of Cooperative Educational Services v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2000
  5. Northeast Parent & Child Society, Inc. v. City of Schenectady Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1985

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