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YONKERS CMTY. v. MORRIS

37 N.Y.2d 478 (1975)

Yonkers Community Development Agency, Respondent, v. William T. Morris, Jr. et al., Defendants. (Parcel I.) Yonkers Community Development Agency, Respondent, v. Dab-O-Matic Corp. et al., Appellants, et al., Defendants. (Parcel II.) Yonkers Community Development Agency, Respondent, v. William T. Morris, Jr. et al., Defendants. (Parcel III.) Yonkers Community Development Agency, Respondent, v. Lester Weinberg, Appellant. Yonkers Community Development Agency, Respondent, v. Thomas Barca et al., Appellants, et al. Defendant.

Court of Appeals of the State of New York.

Decided July 10, 1975.

Attorney(s) appearing for the Case

Morton N. Wekstein for appellants.

Frank J. Bennardo for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

We are here confronted with the question of whether a taking of land by the City of Yonkers, through its Community Development Agency, is for a sufficiently public purpose to be permissible under the requirements of our Federal and State Constitutions* and under applicable State and Federal law.

This action arises out of the agency's formal request for a condemnation...

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