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MTR. OF LAKE GEORGE STEAMBOAT v. BLAIS

37 A.D.2d 204 (1971)

In the Matter of Lake George Steamboat Co., Inc., et al., Respondents, v. Robert M. Blais et al., as Trustees of The Village of Lake George, et al., Appellants

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

July 15, 1971.

Attorney(s) appearing for the Case

Frederick G. Bascom for Trustees of Village of Lake George, appellants.

Donald M. Borth for Lake George Marine Industries, Inc., and others, appellants.

J. Richard Fitzgerald for Peter Smith and another, appellants.

Clark, Bartlett & Caffry (H. Wayne Judge of counsel), for respondents.

STALEY, JR., COOKE, SWEENEY and SIMONS, JJ., concur.

HERLIHY, P. J.

Special Term found that the purpose of the action was to obtain an order directing the discontinuance of the private use of the docks and facilities of the village now being used by Lake George Marine Industries, Inc. (Marine). The court after holding that the property was obtained for "public purposes" proceeded to apply the general legal principles applicable to restrictions on governmental powers...

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