MATTER OF INC. VILL. OF GARDEN CITY


15 A.D.2d 513 (1961)

In the Matter of The Incorporated Village of Garden City, Respondent, Relative to Acquiring Title to Real Property Situated in Said Village for an Addition to Parking Fields 11 and 11A. Ethel Lorentzen, Appellant

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

December 11, 1961


Order affirmed, without costs.

The fields to which this parcel is to be added are now public parking fields. Although the majority of the users of such parking fields may now be patients in the adjoining medical center and although some benefit does accrue to its owners and tenants, nevertheless, such benefit is incidental to the primary public use. A former private use of a parcel of land creates no presumption that its taking is not for a public purpose.

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