MATTER OF TOWN OF GLENVILLE


154 A.D.2d 856 (1989)

In the Matter of the Acquisition of Real Property by The Town of Glenville, Appellant. Clement E. Piotrowski et al., Respondents

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

October 26, 1989


Yesawich, Jr., J.

Desiring to construct a biking and hiking trail, petitioner appropriated a parcel of land owned by Niagara Mohawk Power Corporation and subject to claimants' right to remove sand, gravel and topsoil therefrom. After petitioner served its notice of acquisition, claimants sought damages arising from the appropriation under EDPL 503.

At the trial to determine the value of claimants' interest in the appropriated lands, the parties...

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