COUNTY OF WESTCHESTER, NEW YORK, Plaintiff-Appellee,
v.
COMMISSIONER OF TRANSPORTATION OF the STATE OF CONNECTICUT, Defendant,
Town of Greenwich; Laurelton Nursing Home, Inc.; Greenwich King Street Associates II, L.P.; Mildred Tomonto; Convent of the Sacred Heart, Defendants-Appellants,
Laurel Convalescent Home, Inc., Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 18, 1992.
Certification to January 6, 1993.
Submitted on Supplemental August 27, 1993.
Decided November 10, 1993.
Attorney(s) appearing for the Case
Karl S. Coplan, New York City (Berle, Kass & Case, Eve C. Gartner, Kelley Drye & Warren, John M. Callagy, Cadwalader Wickersham & Taft, William Schwartz, of counsel), for defendant-appellant the Convent of the Sacred Heart.
Joyce H. Young, Greenwich, CT (John E. Meerbergen, Greenwich Town Atty., of counsel), for defendant-appellant Town of Greenwich.
Stuart A. McKeever, Westport, CT, for defendants-appellants Laurelton Nursing Home, Inc. and Laurel Convalescent Home, Inc.
O'Rourke & O'Hanlon, New Canaan, CT (Edward V. O'Hanlon, of counsel), for defendant-appellant Mildred Tomonto.
Cummings & Lockwood, Stamford, CT (Chase Rogers, Rosalind Kelley, of counsel), for defendant-appellant Greenwich King Street Associates II, L.P.
Marguerite R. Wiess, White Plains, NY, Asst. County Atty. for Westchester County (Marilyn J. Slaatten, Westchester County Atty., Carol L. Van Scoyoc, Deputy County Atty., of counsel), for plaintiff-appellee County of Westchester.
Richard Blumenthal, Hartford, CT, Atty. Gen., State of Conn., Cornelius F. Tuohy, Asst. Atty. Gen., for State of Conn., amicus curiae.
Leonard A. Ceruzzi, Janet V. Lanigan, J.E. Murdock, III, Baker, Worthington, Crossley, Stansberry & Woolf, Washington, DC, for National Business Aircraft Ass'n and the Westchester Aviation Ass'n, amici curiae.
John S. Yodice, Ronald D. Golden, Raymond C. Speciale, Yodice Associates, Washington, DC, for Aircraft Owners and Pilots Ass'n, amicus curiae.
William E. Hegarty, Greenwich, CT, John B. Conway, New York, NY, for themselves as amici curiae.
Before: FEINBERG and KEARSE, Circuit Judges.
United States Court of Appeals, Second Circuit.
Certification to Connecticut Supreme Court January 6, 1993.
Submitted on Supplemental Briefs after Response of Connecticut Supreme Court August 27, 1993.
PER CURIAM:
Defendants, landowners in the State of Connecticut (landowners), appeal from an order entered in June 1992 in the United States District Court for the Southern District of New York, Gerard L. Goettel, J., granting partial summary judgment to plaintiff...
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