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TN. OF TONAWANDA v. STATE OF N.Y.

50 Misc.2d 3 (1966)

Town of Tonawanda, Claimant, v. State of New York, Defendant. (Claim Nos. 44331, 44332, 44433, 44474, 44475, 44542, 44578.)

Court of Claims.

February 8, 1966

Attorney(s) appearing for the Case

Roger T. Cook and Charles R. Sandler for claimant. Louis J. Lefkowitz, Attorney-General (Michael G. Wolfgang of counsel), for defendant.

RONALD E. COLEMAN, J.

In a separate decision we have made an award to the Town of Tonawanda in the above-numbered claims. On the trial an issue was raised concerning a deed restriction which affected only a portion of the land taken by the State as shown on a map of the dump site owned and operated by the town. (Claimant's Exhibit 13.) The restriction affected land westerly of Two Mile Creek Road from which the...

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