FOURTH BRANCH v. WATERFORD


147 Misc.2d 646 (1990)

In the Matter of Fourth Branch Associates, Petitioner, v. Town of Waterford et al., Respondents.

Supreme Court, Saratoga County.

June 8, 1990


Attorney(s) appearing for the Case

Bond, Schoeneck & King (Joseph P. Van De Loo of counsel), for petitioner. Dreyer, Boyajian & Tuttle (James B. Tuttle of counsel), for respondent.


JAN H. PLUMADORE, J.

Petitioner challenges the assessment of its hydroelectric plant. Respondents move for partial summary judgment as to the inclusion of the equipment (computer consoles, relay cabinets, turbines, etc.) in the valuation process and petitioner opposes. Respondents' motion will be granted in part.

It has been clear since the decision in Herkimer County Light & Power Co. v Johnson (37 App Div 257) that power-generating...

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