MATTER OF NORTHVILLE DOCK PIPE LINE CORP. v. FANNING


28 A.D.2d 721 (1967)

In the Matter of Northville Dock Pipe Line Corp., Appellant, v. L. Leon Fanning et al., Respondents

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

June 26, 1967


Judgment affirmed insofar as appealed from, with costs.

In our opinion, the totality of the proof adduced convincingly established that the projected pipe line was principally designed for private advantage, with only incidental public benefit. This pattern of fact failed to make the project one predominantly "for public use", a circumstance needed to justify petitioner's claim of right to exercise the power of eminent domain...

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