SOULE v. STATE OF NEW YORK


6 Misc.2d 892 (1957)

Dorothy S. Soule et al., Claimants, v. State of New York, Defendant. (Claim No. 33144.)

Court of Claims.

June 28, 1957.


Attorney(s) appearing for the Case

Charles E. Cooney, Jr., for claimants.

Louis J. Lefkowitz, Attorney-General (Harold S. Coyne and Donald A. Marshall of counsel), for defendant.


SIDNEY SQUIRE, J.

This is an "appropriation claim" which is not predicated on a formal statutory taking of claimants' real property. No notice of appropriation with an accompanying map was ever served on any of the claimants. They maintain that by other acts the State has "de facto" taken this property without compensation to them.

It is undisputed that the State was engaged in a project known as the Lake Onondaga West Shore — North West...

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