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ST. JAMES R.C. CHURCH v. N. Y.

50 A.D.2d 193 (1975)

St. James Roman Catholic Church Society of Jamestown, Respondent, v. State of New York, Appellant. (Claim No. 54446.)

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

December 17, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for appellant.

Kevin Kennedy for respondent.

MARSH, P.J., MAHONEY, GOLDMAN and DEL VECCHIO, JJ., concur.

SIMONS, J.

Claimant is the owner of 30 acres of real estate located in Chautauqua County and known as Holy Sepulchre Cemetery. On September 17, 1969 the State appropriated two parcels of it for highway purposes; Parcel 40, consisting of 11.074 ± acres of undeveloped land taken for the roadbed of a new arterial highway and Parcel 46, consisting of 0.035 ± acres of developed cemetery land and which included...

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