TOWN OF NEW WINDSOR v. RONAN

No. 71 Civ. 3062.

329 F.Supp. 1286 (1971)

TOWN OF NEW WINDSOR et al., Plaintiffs, v. William J. RONAN et al., Defendants.

United States District Court, S. D. New York.

August 12, 1971.


Attorney(s) appearing for the Case

Winer, Neuberger & Sive, New York City, for plaintiffs; David Sive, Sigmund Anderman, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant, Metropolitan Transportation Authority and the defendant members thereof; John R. Hupper, Norman J. Itzkoff, Ronald S. Rolfe, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, Pro Se pursuant to New York Executive Law, § 71, and for Defendants, Theodore W. Parker, Richard Dunham and Arthur Levitt; Daniel M. Cohen, Asst. Atty. Gen., of counsel.

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, for defendants, John A. Volpe, and John Schaeffer; Daniel Riesel, Asst. U. S. Atty., of counsel.


OPINION

FRANKEL, District Judge.

Plaintiffs seek the extraordinary remedy of a preliminary injunction to block a state exercise of the eminent domain power where the particular takings have been authorized by the state legislature to meet projected needs for airport facilities. The papers are lengthy and learned on both sides. For reasons outlined below, the motion of plaintiffs and a cross-motion of certain...

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