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CITY OF BUFFALO v. CLEMENT CO.

28 N.Y.2d 241 (1971)

City of Buffalo, Appellant-Respondent, v. J. W. Clement Company, Inc., (Correct Corporate Name J. W. Clement Company), Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Anthony Manguso, Corporation Counsel (John P. Egan of counsel), for appellant-respondent.

J. Clement Johnston for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman, Ruth Kessler Toch, Jean M. Coon and Emil Woldar of counsel), in his statutory capacity under section 71 of the Executive Law and amicus curiae.

Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.

SCILEPPI, J.

This is a case of first impression which requires that we consider in detail the somewhat amorphous and apparently perplexing concept of de facto appropriation in the hope of clearly defining and firmly establishing its perimeters. Specifically, we have before us the question of whether there can be a de facto taking absent a physical invasion or the imposition of some direct legal...

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