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BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NIAGARA FALLS v. STATE

122 A.D.2d 550 (1986)

Board of Education of the City School District of the City of Niagara Falls, Appellant, v. State of New York, Respondent. (Claim No. 67102.)

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

July 11, 1986

Judgment unanimously affirmed, without costs.

Memorandum:

Claimant appeals from dismissal of its damage claim for appropriation of a temporary easement and demolition of the 99th Street school on the sole ground that the court erred in applying the de jure taking date of March 25, 1980, instead of an alleged de facto taking date of August 2, 1978, the date the New York State Health Commissioner declared a state of emergency at the Love Canal. This contention...

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