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MATTER OF COUNTY OF CORTLAND

507725.

72 A.D.3d 1436 (2010)

899 N.Y.S.2d 467

In the Matter of the Acquisition of Real Property by the COUNTY OF CORTLAND, Respondent. LISA K. MILLER et al., Appellants, et al., Respondents.

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

Decided April 29, 2010.

LAHTINEN, J.

The Cortland County Highway Department planned a construction project on County Route 114 (also known as East River Road) in the Town of Homer in which it would replace existing culverts with larger ones so as to enhance safety by providing a wider road. To construct one of the culverts, petitioner sought to acquire a little over one third of an acre from the 270 acres owned by respondents Lisa K. Miller and Dean G. Miller (hereinafter collectively referred...

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