Petitioner commenced this proceeding under EDPL 402 to acquire property owned by respondent for purposes of constructing a wastewater treatment facility. The proposed site is located at the southerly end of respondent's 19-acre school campus, approximately 1,000 feet from the school building, and is presently undeveloped. In its amended answer, respondent raised seven affirmative defenses, the first five of which have previously been dismissed...
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