Legal Opinion

In re the Acquisition of an Easement by Eagle Creek Land Resources, LLC

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

Decided April 13, 2017Published

1Opinion of the CourtPeters, P.J.

Appeals (1) from an order of the Supreme Court (McGuire, J.), entered December 14, 2015 in Sullivan County, which, in a proceeding pursuant to EDPL article 5, determined the compensation due claimant as a result of the acquisition of an easement on real property, and (2) from a judgment entered thereon.

The facts underlying this property dispute are set forth in greater detail in this Court’s related decision in Matter of Eagle Cr. Land Resources, LLC v Woodstone Lake Dev., LLC (108 AD3d 71 [2013]). Respondents are the owners and operators of a hydroelectric facility known as the Swinging…

2Cases cited18 opinions

  1. Seawall Associates v. City of New YorkNew York Court of Appeals · 1989
  2. Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
  3. Matter of City of New YorkNew York Court of Appeals · 1982
  4. Wolfe v. State of New YorkNew York Court of Appeals · 1968
  5. In the Matter of City of New YorkNew York Court of Appeals · 2008

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