MATTER OF CITY OF NEW YORK v. ASSESSORS OF THE TOWN OF ROXBURY


296 A.D.2d 625 (2002)

745 N.Y.S.2d 582

In the Matter of the CITY OF NEW YORK, Appellant, v. ASSESSORS OF THE TOWN OF ROXBURY et al., Respondents. (And Three Other Related Proceedings.)

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

Decided July 3, 2002.


Peters, J.

In January 1928, the Town of Roxbury, Delaware County, agreed, in writing, to provide petitioner with a parcel of property "without cost or expense" if petitioner would, at its own cost and expense, construct, maintain and operate a sewage treatment plant on such parcel. Construction of the plant was completed in 1930 and, through 1996, the Town carried the parcel on the exempt portion of its tax roll.1 In 1997, however, after...

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