COUNTY OF WESTCHESTER v. TOWN OF GREENWICH, CONN.

No. 90 Civ. 1302 (GLG).

756 F.Supp. 154 (1991)

COUNTY OF WESTCHESTER, Plaintiff, v. TOWN OF GREENWICH, CONNECTICUT, Commissioner of Transportation of the State of Connecticut, Laurelton Nursing Home, Inc., Greenwich King Street Associates II, L.P., the Convent of the Sacred Heart, and Mildred Tomonto, Defendants.

United States District Court, S.D. New York.

February 12, 1991.


Attorney(s) appearing for the Case

Marilyn J. Slaaten, Westchester County Atty., White Plains, N.Y. (Michael D. Diederich, Jr., Asst. County Atty., of counsel), for plaintiff.

John E. Meerbergen, Town Atty., Greenwich, Conn. (Joyce H. Young, Asst. Town Atty., of counsel), for defendant Town of Greenwich, Conn.

Stuart A. McKeever, Westport, Conn. (Stuart A. McKeever, of counsel), for defendant Laurelton Nursing Home, Inc.

Cummings & Lockwood, Stamford, Conn. (Chase T. Rodgers, of counsel), for defendant Greenwich King Street Associates II, L.P.

Badger, Fisher & Cohen, Greenwich, Conn. (Miles F. McDonald, Jr., of counsel), Berle, Kass & Case, New York City (Charles S. Warren, Carl S. Coplan, of counsel), for defendant The Convent of the Sacred Heart.

Sive, Paget & Riesel, New York City (David Sive, of counsel), for defendant Mildred Tomonto.


OPINION

GOETTEL, District Judge.

The background of this litigation is set forth in an earlier opinion, see 745 F.Supp. 951 (S.D.N.Y.1990), and will not be repeated in detail here. In essence, plaintiff owns and operates the Westchester County Airport in New York and defendants, who are all Connecticut residents, own parcels of land adjacent, or at least in close proximity, to the New York border. The airport has...

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