IN THE MATTER OF W.C. LINCOLN CORP. v. VILLAGE OF MONROE


18 A.D.3d 566 (2005)

795 N.Y.S.2d 262

In the Matter of W.C. LINCOLN CORP., Petitioner, v. VILLAGE OF MONROE et al., Respondents.

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

May 9, 2005.


Adjudged that the petition is granted, on the law, with costs, and the determination is rejected.

The respondents' determination authorizing the condemnation of certain real property owned by the petitioner failed to set forth the required finding as to "the general effect of the proposed project on the environment and residents of the locality" (EDPL 204 [B] [3]). Thus, we reject the...

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