CARSON v. TOWN OF OSWEGO

970 CA 09-02320.

77 A.D.3d 1321 (2010)

908 N.Y.S.2d 482

JEFFREY M. CARSON et al., Appellants, v. TOWN OF OSWEGO, Respondent.

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

Decided October 1, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action alleging that defendant failed to build an adequate sewage treatment plant for the subdivision in which real property owned by plaintiffs is situated and that, as a result, potential sales for two parcels owned by plaintiffs were "lost," thus resulting in an "indirect taking of the plaintiffs' property." Supreme Court properly granted...

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