MATTER OF COUNTY OF NASSAU


65 A.D.2d 572 (1978)

In the Matter of The County of Nassau, Respondent, Relative to Acquiring Title to Real Property for Public Mass Transportation Facilities North of the Long Island Railroad between Nassau Street and Banks Avenue, Rockville Centre, in The Town of Hempstead. Bee Lines, Inc., et al., Respondents; Plackards, Inc., Appellant. In the Matter of The County of Nassau, Relative to Acquiring Title to Real Property for Public Mass Transportation Facilities South of Chestnut Street and West of Oak Street, in the Vicinity of Uniondale, in The Town of Hempstead. H. B. Land Corporation et al., Respondents; Plackards, Inc., Appellant

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

October 10, 1978


Order and judgment affirmed, with costs to petitioner.

We agree with Special Term that these service contracts were extinguished when title to the property of the bus companies passed to the county and that the "frustrated" agreements had been dissolved by lawful governmental acts, an "unintended incident" of the actual taking (see Widen Co. v United States, 357 F.2d 988). Such contract rights did not confer upon appellant...

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