IN THE MATTER OF DAVIS HOLDING CO., LLC v. VILLAGE OF MARGARETVILLE


55 A.D.3d 1101 (2008)

865 N.Y.S.2d 736

In the Matter of DAVIS HOLDING COMPANY, LLC, Petitioner, v. VILLAGE OF MARGARETVILLE, Respondent.

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

October 23, 2008.


Peters, J.

This proceeding concerns respondent's decision to condemn a 1.738-acre portion of petitioner's property, located in the Village of Margaretville, Delaware County, in order to gain access to a bulkhead structure located at the intersection of the east branch of the Delaware River and the Binnekill, a stream which flows through the village. Respondent has routinely obtained access to the Binnekill and bulkhead...

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