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MATTER OF FULTON COUNTY

136 A.D.2d 115 (1988)

In the Matter of the Acquisition of Real Property by The County of Fulton. County of Fulton et al., Respondents; Village of Canajoharie, Appellant

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

March 17, 1988

Attorney(s) appearing for the Case

Peter Henner for appellant.

Robert L. Maider (Joshua J. Effron of counsel), for County of Fulton, respondent.

MAHONEY, P. J., KANE, WEISS and MERCURE, JJ., concur.

CASEY, J.

Petitioner sought to acquire by eminent domain a 51-acre parcel of land located in the Town of Johnstown, Fulton County, within the boundaries of the proposed site of a solid waste management facility (hereinafter landfill), which petitioner intends to construct and operate. The subject property had been purchased by respondent Village of Canajoharie (hereinafter the Village) in July 1986 while petitioner...

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