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VILL. OF CROTON-ON-HUDSON v. COUNTY OF WESTCHESTER

38 A.D.2d 979 (1972)

Village of Croton-On-Hudson, Appellant, v. County of Westchester, Respondent

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

March 31, 1972

In our opinion, the record establishes that the approximately 20 acres of land which the defendant county proposes to excavate and use as a solid waste disposal site were acquired for public park purposes by a special borrowing and have been used as such for over 45 years. While the deeds into the county are in fee and contain no restriction of the land to park use and while there does not appear to have been a formal dedication...

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