W.C. Lincoln Corp. v. Village of Monroe

Appellate Division of the Supreme Court of New York

W.C. Lincoln Corp. v. Village of Monroe

18 A.D.3d 566, 794 N.Y.S.2d 665, 2005 N.Y. App. Div. LEXIS 5121

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

DecidedMay 9, 2005

StatusPublished

This text of 18 A.D.3d 566 (W.C. Lincoln Corp. v. Village of Monroe) 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

W.C. Lincoln Corp. v. Village of Monroe, 18 A.D.3d 566, 794 N.Y.S.2d 665, 2005 N.Y. App. Div. LEXIS 5121 (N.Y. Ct. App. 2005).

Pincite

Opinion

— Proceeding pursuant to EDPL 207 to review a determination of the respondents dated September 2, 2003, made after a public hearing, authorizing the condemnation of certain real property.

Adjudged that the petition is granted, on the law, with costs, and the determination is rejected.

The respondents’ determination authorizing the condemnation of certain real property owned by the petitioner failed to set forth the required finding as to “the general effect of the proposed project on the environment and residents of the locality” (EDPL 204 [B] [3]). Thus, we reject the determination. Cozier, J.P., Ritter, Spolzino and Skelos, JJ., concur.

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— Proceeding pursuant to EDPL 207 to review a determination of the respondents dated September 2, 2003, made after a public hearing, authorizing the condemnation of certain real property.

Adjudged that the petition is granted, on the law, with costs, and the determination is rejected.

The respondents’ determination authorizing the condemnation of certain real property owned by the petitioner failed to set forth the required finding as to “the general effect of the proposed project on the environment and residents of the locality” (EDPL 204 [B] [3]). Thus, we reject the determination. Cozier, J.P., Ritter, Spolzino and Skelos, JJ., concur.

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Bluebook (online)

18 A.D.3d 566, 794 N.Y.S.2d 665, 2005 N.Y. App. Div. LEXIS 5121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wc-lincoln-corp-v-village-of-monroe-nyappdiv-2005.