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NATIONAL FUEL v. SCHUECKLER

725 CA 17-02021.

167 A.D.3d 128 (2018)

88 N.Y.S.3d 305

2018 NY Slip Op 07550

In the Matter of NATIONAL FUEL GAS SUPPLY CORPORATION, Respondent, v. JOSEPH A. SCHUECKLER et al., Appellants, et al., Respondents.

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

Decided November 9, 2018.

Attorney(s) appearing for the Case

Law Office of Gary A. Abraham, Great Valley ( Gary A. Abraham of counsel), for appellants.

Phillips Lytle LLP, Buffalo ( Craig A. Leslie of counsel), respondent.

CURRAN and WINSLOW, JJ., concur with NEMOYER, J.; LINDLEY, J., dissents and votes to affirm in an opinion in which CARNI, J.P., concurs.

OPINION OF THE COURT

Petitioner National Fuel Gas Supply Corporation wants to build an interstate gas pipeline that would run, in part, across the land of Joseph A. Schueckler and Theresa F. Schueckler (respondents). The State of New York, however, has blocked the entire pipeline project by denying petitioner the necessary...

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