HomeMy WebLinkAboutGreenport Village/StilleyAt a Special Term, Part IV of
the Supreme Court of the State p
New York, held in and for the
of
Count SaF(alk
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,;Presents Hon. Justice
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"SUPREME COURT OF THE STATE OF NEW YORK
;!COUNTY OF SUFFOLK
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;INCORPORATED VILLAGE OF GREENPORT
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Condemnor, tt
- against - ORUER
Index No. ��-56go
WILLIAM C. STILLEY
Condemnee.
Petitioner Incorporated Village of Greenport, having com-
menced a proceeding to obtain an order to acquire by e&nent
domain certain real property described in the petitionr�erein
and for permission to file the acquisition map pertain3 g thereto
in the office of the County Clerk of Suffolk Countyi, c.n
Now, upon reading the notice of petition dated, Mach 8,
1983, and the petition verified March 7, 1983, and the exhibits
thereto with due proof of service thereof, and the court having
03
found to its satisfaction that the procedural requirements of the
Eminent Domain Procedure Law have been met, it is
ORDERED, that the petition be and the same hereby is granted,
and it is further
j
ORDERED, that this order shall be immediately filed and en-
tered, and it is further
-1-
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','together with the acquisition map herein, in the o ice o
County Clerk o£ Suffolk County; and it is further „y...
A
H ORDERED, tka, upon the filing of this order and the acquisi- `
tion map in the office of the County Clerk of Suffolk County,
it ,„t. _ �
I acquisition-of the property in such map shall be complete and
title thereto shall then be vested in the petitioner.
Enter;
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I SEE ATTACHED MEMORANDUM DECISTO$ 1 'IT,
JUL
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fNerk of Suffolk UouIIty 1
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COUNTY
INCORPORATED VILLAGE of GREENPORT,
vs.
WILLIAM C. STILLEY,
Condemnor,
Condemnee
SPECIAL TERM PART IV
BY CANNAVO J. S. C.
DATED July 8th,
INDEX NO. 83-5640
Motion No. C-42-83
Motion Date: April 18, 1983
1983
MICHAEL J. HALL, ESQ. JACOBY & MEYERS
Attorney for Petitioner Attorney for Respondent
218 Front Street BY: CHRISTOPHER G. FITZPATRICK, ESQ.
Greenport, New York 11944 1457 Broadway
New York, New York 10036
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---------------------------------
The petitioner, Incorporated Village of Greenport,
has commenced this proceeding to condemn certain real property within
the boundary of the Village for the construction of a basketball court
and play area. The owner of the real property has opposed the
condemnation of his property.
The petitioner alleges that it is exempt from compliance
with Article 2 of the Eminent Domain Procedure Law. The petition states
that the acquisition is de minimis in nature and that federal funding for
the project must be expended in a short time period. The land sought to
be acquired is a vacant parcel of land measuring approximately 45x121 feet.
The law mandates public hearings prior to acquisition of
property with certain limited exceptions (EDPL §201). According to
Article 2:
Except as provided herein, prior to acquisition, the
condemnor, in order to inform the public and to re-
view the public use to be served by a proposed public
project and the impact on the environment and residents
of the locality where such project will be constructed,
shall conduct a public hearing in accordance with the
provisions of this article at a location reasonably
accessible to the property owners whose property might
be acquired for such project (EDPL 9201).
Of GREENPORT
VS.
WILLIAM C. STILLEY
There are six possible reasons,for exemption from a
public hearing, (EDPL §206 (A) -(E). The Town is apparently attempting
to fit the present fact situation within the parameters of EDPL 9206(D).
This section states that a public hearing is unnecessary ,
"when in the opinion of the condemnor the acquisition
is de minimis in nature so that the public interest
will not be prejudiced by the construction of the
project or because of an emergency situation the
public interest will be endangered by any delay
caused by the public hearing requirement in this
article, (EDPF §206(D)).
The exclusive procedure for a landowner to challenge a
determination of a municipality to condemn property pursuant to EDPL §206
is set forth in EDPL §207 (EDPL §208).
EDPL §207 requires that judicial review of a condemnor's
determination pursuant to Article 2 be sought in the Appellate Division
of the Supreme Court. Therefore, the respondent's allegations are
irrelevant to the present proceeding. The condemnor's petition to
authorize the filing of the acquisition map with the office of the County
Clerk of the County of Suffolk is granted.
J.S.C.
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