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WESTOVER SPORTSMAN'S ASS'N, INC. v. COUNTY OF BROOME, NEW YORK

59 A.D.2d 998 (1977)

Westover Sportsman's Association, Inc., Appellant, v. County of Broome, New York, Respondent

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

November 23, 1977

Affirmed, with costs.

Larkin, J. (dissenting).

Plaintiff instituted this action for a declaratory judgment that it had an easement by necessity over certain lands of the defendant and for money damages. In 1967 the defendant, in connection with a Federally funded watershed project, condemned the bulk of a tract of land which had been purchased some 10 years before by plaintiff. The original condemnation maps indicated a fee taking of one parcel...

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