LAFAYETTE HOTEL v. COUNTY OF ERIE


26 Misc.2d 755 (1960)

Lafayette Hotel Company, Plaintiff, v. County of Erie, Defendant.

Supreme Court, Erie County.

September 30, 1960


Attorney(s) appearing for the Case

Diebold & Millonzi (Robert I. Millonzi of counsel), for plaintiff. Elmer R. Weil, County Attorney (M. Sarsfield Brennan of counsel), for defendant.


MICHAEL CATALANO, J.

The plaintiff seeks a preliminary injunction pending the determination of this action enjoining the defendant from taking immediate possession of certain premises owned in fee by plaintiff. The Board of Supervisors of the defendant, by resolution passed September 20, 1960, authorized the taking under chapter 758 of the Laws of 1937, as amended, in order to build a free public library.

The principal action demands judgment...

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