MASSENA v. NIAGARA MOHAWK


87 Misc.2d 79 (1976)

Town of Massena, Plaintiff, v. Niagara Mohawk Power Corporation, Defendant.

County Court, St. Lawrence County.

May 3, 1976


Attorney(s) appearing for the Case

Duncan, Brown, Weinberg & Palmer (Frederick D. Palmer of counsel), for plaintiff. Shea, Gould, Climenko, Kramer & Casey (Bryan J. Hughes of counsel), for defendant.


MICHAEL W. DUSKAS, J.

Motions have been filed by each of the parties to this special proceeding through which plaintiff seeks to condemn a portion of the property of defendant utility corporation situated in the township of Massena. Plaintiff intends thereby to create a municipally owned electric power utility.

The court finds that the following facts are pertinent to its determination of the several...

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