Order modified, on the law, by (1) striking from the first ordering paragraph (which denied plaintiffs' motion) the words "and that the issues between the parties be resolved at a plenary trial", and (2) striking from the second ordering paragraph (which denied defendants' cross-motion) the words "denied and that the issues between the parties be resolved at a plenary trial", and substituting therefor the words "granted and it is declared that the appropriation is for a public...
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