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MATTER OF BOWERS DEVELOPMENT, LLC v. ONEIDA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

No. 89.

40 N.Y.3d 1061 (2023)

225 N.E.3d 337

202 N.Y.S.3d 284

2023 NY Slip Op 06406

In the Matter of BOWERS DEVELOPMENT, LLC, et al., Respondents, v. ONEIDA COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Appellants.

Court of Appeals of New York.

Decided December 14, 2023.

Attorney(s) appearing for the Case

Goldman Attorneys PLLC, Albany ( Paul J. Goldman of counsel), and Cohen Compagni Beckman Appler & Knoll, PLLC, Syracuse ( Laura L. Spring of counsel), for appellants.

Fogel & Brown, P.C., Syracuse ( Michael A. Fogel of counsel), for respondents.

Lippes Mathias LLP, Albany (James A. Shannon and Frank J. Fanshawe of counsel), for Iroquois Healthcare Association, Inc., amicus curiae.

Peter Rayhill, County Attorney, Utica (Andrew Dean of counsel), for County of Oneida, amicus curiae.

Harris Beach PLLC, Pittsford (Kyle D. Gooch, Shawn M. Griffin, and Justin S. Miller of counsel), for New York State Economic Development Council Inc., amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

APPEAL, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from a judgment (denominated memorandum and order) of that Court, entered December 23, 2022, in a proceeding initiated in that Court pursuant to EDPL 207. The Appellate Division (1) annulled, on the law, the determination of respondent Oneida County Industrial Development Agency to condemn certain real property; and (2...

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