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MATTER OF BROADWAY SCHENECTADY ENTERTAINMENT, INC. v. COUNTY OF SCHENECTADY

288 A.D.2d 672 (2001)

732 N.Y.S.2d 703

In the Matter of BROADWAY SCHENECTADY ENTERTAINMENT, INC., Petitioner, v. COUNTY OF SCHENECTADY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 15, 2001.

Carpinello, J.

Petitioner, lessee of a premises located at 1351 Lower Broadway in the City of Schenectady, Schenectady County, intended to operate an adult bookstore on the property until respondent's County Legislature voted to acquire it for use as a community policing center. In this EDPL 207 proceeding, petitioner challenges the decision to condemn the property for this purpose. In support of the petition, petitioner points out that the subject parcel was one...

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