Legal Opinion
Matter of Smithline v. Town & Vil. of Harrison
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2015No. 2014-07297PublishedCited by 2 opinions
1Opinion of the Court
Proceeding pursuant to EDPL 207 to review a determination of the Town and Village of Harrison, dated May 1, 2014, made after a public hearing, authorizing the taking of certain real property by eminent domain.
Adjudged that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed on the merits.
The petitioners are homeowners in the Town and Village of Harrison (hereinafter together the Town). A neighboring roadway running roughly parallel to their property is prone to significant flooding, resulting in pools of water up to six-feet deep, which renders…
2Cases cited8 opinions
- Kaplan v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 2004
- Brody v. Village of Port ChesterCourt of Appeals for the Second Circuit · 2005
- Marcantonio v. RoussoAppellate Division of the Supreme Court of the State of New York · 1999
- Serdarevic v. Town of GoshenAppellate Division of the Supreme Court of the State of New York · 2007
- Tadasky Corp. v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by2 opinions
- Matter of River St. Realty Corp. v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Carr v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2024