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MARK IV CONSTR. CO., INC. v. TOWN OF PERINTON

147 A.D.2d 959 (1989)

Mark IV Construction Co., Inc., Petitioner, v. Town of Perinton et al., Respondents

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

February 3, 1989

Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

This proceeding is brought by petitioner pursuant to EDPL 207 to annul the determination of respondent Town Board of the Town of Perinton to condemn a sewer easement across petitioner's property. Petitioner contends that this taking was not for a public use, benefit or purpose and that respondent's determination did not comply with EDPL 204 (B) (2) and (3) because it failed...

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