Town of New Windsor v. City of Newburgh

Appellate Division of the Supreme Court of New York

Town of New Windsor v. City of Newburgh

124 A.D.2d 656, 507 N.Y.S.2d 904, 1986 N.Y. App. Div. LEXIS 61956

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1986

StatusPublished

Cited by1 cases

This text of 124 A.D.2d 656 (Town of New Windsor v. City of Newburgh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Town of New Windsor v. City of Newburgh, 124 A.D.2d 656, 507 N.Y.S.2d 904, 1986 N.Y. App. Div. LEXIS 61956 (N.Y. Ct. App. 1986).

Pincite

Opinion

In this proceeding, the petitioner Town of New Windsor seeks review of a determination and findings of the Council of the City of Newburgh that the acquisition of approximately 55 acres of land adjacent to the city’s reservoir at Washington Lake, owned by Anna Schaffner, was necessary for the expansion and preservation of the reservoir’s watershed. Under the circumstances of this case, the petitioner was not aggrieved by the determination, and accordingly the proceeding must be dismissed (EDPL 207 [A]). In any event, the record indicates that the Council’s decision to acquire the entire parcel was supported by a rational factual basis (see, Matter of Dowling Coll. v Flacke, 78 AD2d 551). Lazer, J. P., Niehoff, Lawrence and Kooper, JJ., concur.

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In this proceeding, the petitioner Town of New Windsor seeks review of a determination and findings of the Council of the City of Newburgh that the acquisition of approximately 55 acres of land adjacent to the city’s reservoir at Washington Lake, owned by Anna Schaffner, was necessary for the expansion and preservation of the reservoir’s watershed. Under the circumstances of this case, the petitioner was not aggrieved by the determination, and accordingly the proceeding must be dismissed (EDPL 207 [A]). In any event, the record indicates that the Council’s decision to acquire the entire parcel was supported by a rational factual basis (see, Matter of Dowling Coll. v Flacke, 78 AD2d 551). Lazer, J. P., Niehoff, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

124 A.D.2d 656, 507 N.Y.S.2d 904, 1986 N.Y. App. Div. LEXIS 61956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-new-windsor-v-city-of-newburgh-nyappdiv-1986.

Opinion

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