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ERIE CO. WATER AUTH. v. CO. OF ERIE

47 A.D.2d 17 (1975)

Erie County Water Authority, Petitioner, v. County of Erie et al., Respondents

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

February 28, 1975.

Attorney(s) appearing for the Case

John P. Noble (Nicholas Konst of counsel), for petitioner.

James L. Magavern, County Attorney (Martin A. Schnorr of counsel), for County of Erie and others, respondents.

Peter D. Cook (Joseph G. Sacco of counsel), for Town of Tonawanda and others, respondents.

Norton, Norton & Radin (Martin A. Schnorr of counsel), for Kenmore-Town of Tonawanda Union Free School District, respondent.

MARSH, P. J., MOULE, DEL VECCHIO and WITMER, JJ., concur.

SIMONS, J.

Petitioner is a public authority created for the purpose of constructing and operating a public water supply system within the territorial limits of Erie County, exclusive of the City of Buffalo and the Town of Tonawanda (Public Authorities Law, §§ 1050 — 1073). In 1971 it purchased 27.69 acres of real property in the Town of Tonawanda for possible use in the expansion of its facilities...

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