Majority
p. 538Roosevelt Memorial Association of Oyster Bay, Inc., Respondent, v. Charles H. Jones et al., Individually and as Executors of and Trustees under the Will of Mary E. Jones, Deceased, et al., Appellants, Impleaded with Others. (Argued November 29, 1926; decided December 31, 1926.)
Headnote
Constitutional law — eminent domain — condemnation proceedings — constitutionality of statute providing for taking of private property for park and memorial.Roosevelt Memorial Association v. Jones, 216 App. Div. 760 , affirmed.
* Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 12, 1926, unanimously affirming an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings to acquire lands for the purpose of constructing and maintaining a public park and memorial as provided in chapter 429 of the Laws of 1919. The appellants contended that the statute was unconstitutional in that it provided for the taking of private property for a purpose other than a public use.
p. 539
Abel E. Blackmar and David C. Bennett for appellants- Rowland Miles and William T. McCoun for respondent.
Order affirmed, with costs; no opinion.
Concur: Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: His cock, Ch. J.