Legal Opinion

In re the Village of Middleburgh

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

Decided May 8, 1986PublishedCited by 6 opinions

1Opinion of the Court

— Weiss, J.

Appeal from an order of the Supreme Court at Trial Term (Hughes, J.), entered April 16, 1985, in Schoharie County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to EDPL 402, to condemn a part of respondent’s land.

Petitioner commenced this proceeding under EDPL 402 to acquire property owned by respondent for purposes of constructing a wastewater treatment facility. The proposed site is located at the southerly end of respondent’s 19-acre school campus, approximately 1,000 feet from the school building, and is presently undeveloped. In its amended…

2Cases cited3 opinions

  1. Long Island Rail Road v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Long Island Rail Road Co. v. Long Island Lighting Co.New York Court of Appeals · 1985
  3. Northeast Parent & Child Society, Inc. v. City of Schenectady Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by6 opinions

  1. Kaufmann's Carousel, Inc. v. City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2002
  2. Bergen Swamp Preservation Society v. Village of BergenAppellate Division of the Supreme Court of the State of New York · 2002
  3. City Of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
  4. City of Syracuse v. Onondaga CountyCourt of Appeals for the Second Circuit · 2006
  5. Town of Riga v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1991

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