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IN THE MATTER OF VILLAGE OF SARANAC (BUJOLD)

2005-694

29 Misc.3d 602 (2010)

906 N.Y.S.2d 735

In the Matter of VILLAGE OF SARANAC LAKE, Petitioner, Relative to Acquiring Real Property in the Village of Saranac Lake. WAYNE BUJOLD et al., Respondents. In the Matter of VILLAGE OF SARANAC LAKE, Petitioner, Relative to Acquiring Real Property in the Village of Saranac Lake. JOHN S. BANTA et al., Respondents. In the Matter of VILLAGE OF SARANAC LAKE, Petitioner, Relative to Acquiring Real Property in the Village of Saranac Lake. EDWARD J. DUKETT et al., Respondents. In the Matter of VILLAGE OF SARANAC LAKE, Petitioner, Relative to Acquiring Real Property in the Village of Saranac Lake. KNABE HOUSE, L.L.C., et al., Respondents. In the Matter of VILLAGE OF SARANAC LAKE, Petitioner, Relative to Acquiring Real Property in the Village of Saranac Lake. LAKESIDE HOUSE, INC., et al., Respondents. In the Matter of VILLAGE OF SARANAC LAKE, Petitioner, Relative to Acquiring Real Property in the Village of Saranac Lake. JOSEPH E. FIORILE et al., Respondents.

Supreme Court, Franklin County.

Decided August 17, 2010.

Attorney(s) appearing for the Case

Harris Beach PLLC ( Douglas A. Foss and Dennis D. Curtin of counsel), for petitioner.

Flink Smith LLC ( Edward B. Flink,   Paul J. Campito and Jeffrey D. Wait of counsel), for Wayne Bujold and others, respondents.

Fischer, Bessette, Muldowney & Hunter, LLP ( John J. Muldowney of counsel), for John S. Banta and others, respondents.

Carl J. Madonna for Edward J. Dukett, respondent.

Guy J. Hayward for Knabe House, L.L.C., respondent.

OPINION OF THE COURT

DAVID DEMAREST, J.

These eminent domain proceedings were initiated by the Village of Saranac Lake (Village) to secure easements for the repair and reconstruction of a sewer line along the shore of Lake Flower. Although the sewer line had been in place for many years, there is no record of the Village ever having obtained easements for its construction and repair.

These proceedings are actually the second attempt to obtain easements...

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