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MTR. OF BD. OF EDUC. v. PACE COLL.

27 A.D.2d 87 (1966)

In the Matter of Board of Education of Union Free School District No. 2 of the Towns of Ossining and Mt. Pleasant, Appellant, v. Pace College et al., Respondents, et al., Defendant

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

December 28, 1966.

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn (George G. Gallantz of counsel), for appellant.

Scribner & Miller (Herbert Plaut and Robert Miller of counsel), for Pace College, respondent.

Nordlinger, Riegelman, Benetar & Charney (David L. Benetar and Neil B. Hirschfeld of counsel), for Association of Colleges and Universities of the State of New York, amicus curiæ.

Bernard T. McGivern for New York State School Boards Association, Inc., amicus curiæ.

HILL, RABIN and HOPKINS, JJ., concur with CHRIST, Acting P. J.; BENJAMIN, J., concurs in result, with separate opinion.

CHRIST, Acting P. J.

This appeal presents an interesting and important question. Is unimproved real property, purchased by a private institution of higher learning for the purpose of expanding its existing facilities, immune from condemnation by a local school board, which seeks to acquire the land for public school purposes, because it is already "devoted to a public use"? Special Term has held that it is and...

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