MATTER OF TOWN OF BROOKHAVEN


78 Misc.2d 499 (1974)

In the Matter of Town of Brookhaven, Petitioner, Relative to Acquiring Title to Real Property to be Used by the Town of Brookhaven for Drainage Purposes, Situated at Mastic, Town of Brookhaven, County of Suffolk.

Supreme Court, Special Term, Suffolk County.

March 19, 1974


Attorney(s) appearing for the Case

John J. Ceparano for Town of Brookhaven, petitioner. George Percy, County Attorney, for Suffolk County. Smith, Tasker & Finkelstein for Jack Weissman, claimant.


LEON D. LAZER, J.

An abstruse statute, sadly in need of reform, has combined with archaic judicial doctrine to produce (with artful human assistance) a claim of compensation for 10.24 acres of real estate by a putative owner whose deed derives from a self-created tax delinquency. While the arena is a condemnation trial, it is the validity of claimant's tax deed which is the issue. The condemning authority, the...

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