1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 35 A.D.2d
  5. 35 A.D.2d 875 (1970)
 

TOWN OF PERU v. STATE

35 A.D.2d 875 (1970)

Town of Peru, Appellant, v. State of New York, Respondent. (Claim No. 47204.)

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

November 23, 1970

At issue is the Court of Claims' finding that the property was held in a governmental rather than a proprietary capacity, and thus no award for the taking should have been made. The controlling test in cases such as this is whether the property was restricted to the use and benefit of the residents of the municipality (Village of Port Chester v. State of New York, 28 A.D.2d 1175; City of New Rochelle v. State of New York,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases