MATTER OF TERRACE WEST, INC. v. CITY OF PLATTSBURGH


73 A.D.2d 763 (1979)

In the Matter of Terrace West, Inc., Petitioner, v. City of Plattsburgh, Respondent

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

December 20, 1979


At issue in this proceeding is whether the proposed taking of a paved driveway owned by petitioner to facilitate the development of six privately owned building lots at the northern terminus of that driveway is for a public or private use. At the required public hearing, the City of Plattsburgh presented its plan for the establishment of a water line and vehicular access to the area to be developed. Following the hearing, findings and a determination providing for such a...

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