SPARKS v. STATE


39 A.D.2d 822 (1972)

Donald L. Sparks et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 44929.)

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

May 25, 1972


Judgment unanimously modified, on the law and facts, to grant a new trial as to Parcel No. 80, Map No. 2077, and as so modified, affirmed, with costs to claimants.

Memorandum:

The court properly found that the appropriation of the 56.824 acres of claimants' property (Parcel No. 80, Map No. 2077) not required for the Allegheny Reservoir Project was for State purposes having no necessary relationship to the reservoir, and that therefore the claimants were entitled...

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