Town of Peru v. State — 35 A.D.2d 875

Majority

p. 875

Town of Peru, Appellant, v. State of New York, Respondent.

(Claim No. 47204.)

p. 876

Reynolds, J. P., Staley, Jr., Greenblott and Sweeney, JJ., concur; Cooke, J., concurs in the following memorandum : I concur in the result. (See General Municipal Law, § 3; Central School Dist. No. 1 of Town of Colchester v. State of New York, 18 A D 2d 943 , affd. 13 N Y 2d 1031 .) The taking was for a substantially different purpose from the existing use. [ 59 Misc 2d 49 .]

Cases cited

Central School District No. 1 of the Towns of Colchester, Hamden, Hancock, Walton, Andes and Tompkins, Delaware County v. State 18 A D 2d 943 N.Y. App. Div. 1963-02-07 p. 876
Central School District No. 1 v. State 13 N Y 2d 1031 N.Y. 1963-11-21 p. 876
Town of Peru v. State 59 Misc 2d 49 N.Y. Ct. Cl. 1969-02-07 p. 876

Statutes and regulations cited

General Municipal Law p. 876