Legal Opinion

In re the Acquisition of Land for Farmington Access Road

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

Decided December 20, 1989PublishedCited by 3 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: In opposition to the petition of condemnor Town of Farmington for an order authorizing the filing of an acquisition map with respect to real property to be condemned and the vesting of title pursuant to EDPL 402, the condemnee served an answer objecting to the condemnor’s determination and findings. The condemnee asserted that the taking was excessive and that it was not for a public use, benefit or purpose. Those objections were not raised in a petition seeking judicial review in this court pursuant to EDPL 207. Under the EDPL, persons…

2Cases cited2 opinions

  1. Incorporated Village of Patchogue v. SimonAppellate Division of the Supreme Court of the State of New York · 1985
  2. Metropolitan Transportation Authority v. Pinelawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by3 opinions

  1. Matter of City of Ny (Grand Lafayette)New York Court of Appeals · 2006
  2. City of New Rochelle v. O. Mueller, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Town of Cheektowaga v. KawalerskiAppellate Division of the Supreme Court of the State of New York · 1991

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