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MITCHELL v. VIL. OF CROTON-ON-HUDSON

45 Misc.2d 910 (1965)

Jonathan Mitchell et al., as Taxpayers of the Village of Croton-on-Hudson, Plaintiffs, v. Village of Croton-On-Hudson et al., Defendants.

Supreme Court, Westchester County.

March 22, 1965

Attorney(s) appearing for the Case

Le Boeuf, Lamb & Leiby for plaintiffs. Reavis & McGrath (Robert Thrun and Carl E. Kaplan of counsel), for defendants.

CLARE J. HOYT, J.

Plaintiffs have brought an action under section 51 of the General Municipal Law to enjoin the Village of Croton-on-Hudson from constructing a water storage tank upon premises formerly owned by the plaintiff Mitchell and acquired by the defendant village in a condemnation proceeding on the ground that the approval of the New York State Water Resources Commission is a necessary prerequisite to such construction.

The defendant village...

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