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SARATOGA WATER v. WATER AUTH

83 N.Y.2d 205 (1994)

630 N.E.2d 648

608 N.Y.S.2d 952

In the Matter of Saratoga Water Services, Inc., et al., Appellants, v. Saratoga County Water Authority, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1994.

Attorney(s) appearing for the Case

Roland, Fogel, Koblenz & Carr, Albany (Usher Fogel and Emilio A. F. Petroccione of counsel), for appellants.

Tabner, Laudato and Ryan, Albany (John W. Tabner of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and SMITH concur; Judges TITONE and LEVINE taking no part.

CIPARICK, J.

This is a proceeding under EDPL 207 challenging two separate "determination and findings" statements by respondent condemnor Saratoga County Water Authority. The primary issues on this appeal are whether Public Authorities Law § 1199-eee (5) unconstitutionally divests the judiciary of its power to determine just compensation and whether that section is unconstitutionally vague.

I

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