MOBIL OIL v. LONG IS LIGHT


83 Misc.2d 249 (1975)

Mobil Oil Corporation, Plaintiff, v. Long Island Lighting Company, Defendant.

Supreme Court, Special Term, Nassau County.

September 23, 1975


Attorney(s) appearing for the Case

David Marcus for plaintiff. Sprague, Dwyer, Aspland & Tobin, P. C., for defendant.


JOSEPH LIFF, J.

Motion to dismiss the counterclaim is denied.

"Inverse condemnation" is a judicial concept. A court of equity, in an action by an owner to prevent interference with his rights in property, by one having the power of eminent domain, may determine all issues in the one action and require payment of appropriate past and future damages (see Ferguson v Village of Hamburg, 272 N.Y. 234...

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