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COUNTY OF WESTCHESTER v. TOWN OF GREENWICH, CONN.

Nos. 90, 198 and 236, Docket 95-7010, 95-7096, 95-7440.

76 F.3d 42 (1996)

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

United States Court of Appeals, Second Circuit.

Decided January 26, 1996.

Attorney(s) appearing for the Case

Marguerite R. Wiess, Assistant County Attorney, County of Westchester, White Plains, New York (Marilyn J. Slaatten, Westchester County Attorney; Carol L. Van Scoyoc, Deputy County Attorney; of counsel), for Plaintiff-Appellant-Cross-Appellee.

Charles S. Warren, Robinson Silverman Pearce Aronsohn & Berman, New York City (Judith M. Gallent and Mark D. Risk, of counsel; John M. Callagy, Kelley Drye & Warren, New York City, of counsel), for Defendant-Appellee-Cross-Appellant.

Richard Blumenthal, Attorney General, State of Connecticut, Hartford, Connecticut (Cornelius F. Tuohy, Assistant Attorney General, of counsel), for amicus curiae The State of Connecticut.

Before: KEARSE and WINTER, Circuit Judges, and MILTON POLLACK, Senior District Judge.

WINTER, Circuit Judge:

The County of Westchester appeals from Judge Goettel's grant of summary judgment dismissing its public nuisance claim against various landowners in Connecticut, including the Convent of the Sacred Heart. The County claims that trees growing on appellees' property constitute a public nuisance because they intrude into airspace so as to limit the usable length of Westchester County Airport Runway 11/29. We affirm Judge Goettel's grant of summary...

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