MATTER OF BUTLER v. ONONDAGA COUNTY LEGISLATURE


39 A.D.3d 1271 (2007)

833 N.Y.S.2d 829

In the Matter of JOHN M. BUTLER, Petitioner, v. ONONDAGA COUNTY LEGISLATURE, Respondent.

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

Decided April 20, 2007.


It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this proceeding pursuant to EDPL 207 seeking to annul respondent's determination to condemn a .4-acre parcel of petitioner's property along the Onondaga Creek shoreline. Petitioner contends, inter alia, that the proposed taking is not the least invasive alternative and involves more of petitioner...

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