MAYES CO. v. STATE OF NEW YORK


18 N.Y.2d 549 (1966)

Mayes Company, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1966.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for appellant-respondent.

Herman E. Gottfried for respondent-appellant.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, BERGAN and KEATING concur in Per Curiam opinion; Judge SCILEPPI dissents in a separate opinion.


Per Curiam.

Claimant is the owner of a manufacturing plant which uses substantial quantities of water in its processes. On its land were springs which fed a pond from which claimant was able to take sufficient water for its manufacturing needs.

The State condemned a fractional part of an acre which contained most of the area of the pond, including a spring which fed it, and constructed a road on the site. There...

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