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MATTER OF DOYLE v. SCHUYLERVILLE CENTRAL SCHOOL DISTRICT

35 A.D.3d 1058 (2006)

826 N.Y.S.2d 797

In the Matter of JAMES G. DOYLE et al., Petitioners, v. SCHUYLERVILLE CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided December 21, 2006.

Carpinello, J.

Petitioners are the owners of an abandoned railroad bed approximately 50 feet wide and slightly over 2,000 feet long located in Saratoga County. The railroad bed runs from land owned by respondent Schuylerville Central School District to routes 4 and 32. In the instant proceeding, petitioners challenge a determination by respondents to acquire this property by eminent domain. The stated purpose of the acquisition is to provide a second access road to...

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