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ATLANTIC STATES LEGAL v. ONONDAGA COUNTY DEPT.

No. 88-CV-0066.

233 F.Supp.2d 335 (2001)

ATLANTIC STATES LEGAL FOUNDATION, et.al, Plaintiffs, v. THE ONONDAGA COUNTY DEPARTMENT OF DRAINAGE AND SANITATION, et.al, Defendants. The Onondaga County Department of Water Environment Protection, et al, Third-Party Plaintiffs, v. 2.3 ± Acres of Land in the City of Syracuse, et.al, Third-Party Defendants.

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

December 7, 2001.

Attorney(s) appearing for the Case

Richard J. Lippes, Allen, Lippes Law Firm, Buffalo, NY, Sean P. Lynch, Atlantic States Legal Foundation, Syracuse, NY, Carl G. Dworkin, Office of Carl G. Dworkin, Albany, NY, for Atlantic States Legal Foundation, Inc.

Norman Spiegel, Office of Atty. Gen., New York City, for State of new york, Thomas C. Jorling.

Christina M. Pezzulo, Onondaga County Attorney's Office, Syracuse, NY, Jon A. Gerber, Office of Jon A. Gerber, Syracuse, NY, for Onondaga County Dept. of Drainage and Sanitation.

Luis A. Mendez, Christina M. Pezzulo, Onondaga County Attorney's Office, Syracuse, NY, Jon A. Gerber, Office of Jon A. Gerber, Syracuse, NY, for Onondaga County.

Nancy L. Pontius, David M. Garber, MacKenzie, Hughes Law Firm, Syracuse, NY, Terri Bright, City of Syracuse Corp. Counsel, Syracuse, NY, Jeffrey T. Lacey, MacKenzie, Hughes Law Firm, Syracuse, NY, for City of Syracuse, Syracuse Urban Renewal Agency.

David M. Garber, MacKenzie, Hughes Law Firm, Syracuse, NY, for 2.3 Acres of Land in City of Syracuse.

DECISION & ORDER

McAVOY, District Judge.

I. Introduction

The City of Syracuse and the Syracuse Urban Renewal Agency ("City") filed a motion for summary judgment contending that the County of Onondaga ("County") cannot, as a matter of law, condemn property within the City for a sewage treatment plant. The County then filed a cross-motion seeking summary judgement on the basis that condemnation of the subject property is appropriate here as a...

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