IN THE MATTER OF CITY OF MECHANICVILLE v. TOWN OF HALFMOON


23 A.D.3d 897 (2005)

805 N.Y.S.2d 666

In the Matter of CITY OF MECHANICVILLE et al., Petitioners, v. TOWN OF HALFMOON et al., Respondents.

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

November 17, 2005.


Peters, J.

Petitioner City of Mechanicville is the owner of the bed and towpath of the Old Champlain Canal located along the Hudson River in the Town of Halfmoon, Saratoga County. The City acquired the property from Niagara Mohawk Power Corporation in 1952 and utilized it as a landfill until 1973. Respondent Town of Halfmoon (hereinafter respondent) built a water intake and treatment plant in 2003 along the Hudson River, adjacent to the canal. It recognized that it...

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