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VILL. OF MASSENA v. 50,500 SQUARE FEET OF LAND, MORE OR LESS, SITUATE IN THE VILL. OF MASSENA

9 A.D.2d 980 (1959)

Village of Massena, Respondent, v. 50,500 Square Feet of Land, More or Less, Situate in The Village of Massena, St. Lawrence County, et al., Defendants. Robert Carney, Appellant

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

December 31, 1959

The appellant's property through which the respondent has taken a perpetual easement 20 feet wide for the installation and maintenance of a sewer is an irregular rectangular parcel of land comprising about 3.5 acres. A gully 14 to 20 feet lower than the surrounding land cuts through the property. The sewer line generally parallels a winding creek which flows along the bottom of the gully. The property lies in a residential area and is zoned for residential use. The appellant...

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