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HALLOCK v. STATE OF N.Y.

58 A.D.2d 67 (1977)

Carlton G. Hallock et al., Respondents, v. State of New York et al., Appellants

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

June 9, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr. and Ruth Kessler Toch of counsel), for State of New York, appellant.

Scott B. Lilly (John R. Davison and Mark L. Manewitz of counsel), for Power Authority of the State of New York, appellant.

William J. Schoonmaker for respondents.

GREENBLOTT, J. P., MAIN and HERLIHY, JJ., concur.

MAHONEY, J.

The defendant Power Authority appropriated in fee 66 acres of land owned by plaintiffs as tenants in common. The land was to be used as a right of way and a source of fill in the construction of the Blenheim-Gilboa Pumped Storage Power Project. Plaintiffs brought this action to challenge the legality of the fee appropriation on the theory that a temporary easement would have been sufficient for the...

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