COUNTY OF DELAWARE v. WALTON WATER CO.


9 A.D.2d 16 (1959)

County of Delaware, Respondent, v. Walton Water Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959.


Attorney(s) appearing for the Case

Costello, Cooney & Fearon (George R. Fearon of counsel), for appellants.

Harold E. Hyzer for respondent.

BERGAN, J. P., COON, HERLIHY and REYNOLDS, JJ., concur.


GIBSON, J.

The appeal is from an order which appointed Commissioners of Appraisal, upon determining that the public use required the condemnation for county highway purposes of real property owned by the corporate defendant, a public utility supplying water to the Village of Walton.

Although several questions are argued, the true issues seem to us rather narrow and to respect only (1) the limitations upon the power of the county to condemn lands...

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