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Matter of Marshall v. Town of Pittsford

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 7, 1984
105 A.D.2d 1140 (N.Y. App. Div. 1984)

Opinion

November 7, 1984

Present — Dillon, P.J., Green, O'Donnell, Moule and Schnepp, JJ.


Petition unanimously granted, without costs, determination annulled and respondent directed to comply with the public hearing requirements of EDPL article 2. Memorandum: Petitioners seek review of respondent's determination that a proposed taking of an eight-foot strip along the north edge of petitioners' property for the purpose of building a sidewalk is de minimis and, hence, not subject to compliance with the provisions of EDPL 206 (subd [D]).

Having considered the quantity of land sought to be acquired, nearly 2,600 square feet of petitioners' residential lot, and the significant public controversy revealed by the record over the location of the sidewalk, we find that the proposed taking is not de minimis and direct respondent to comply with the public hearing requirements of EDPL article 2. (EDPL 207, subd [B].)


Summaries of

Matter of Marshall v. Town of Pittsford

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 7, 1984
105 A.D.2d 1140 (N.Y. App. Div. 1984)
Case details for

Matter of Marshall v. Town of Pittsford

Case Details

Full title:In the Matter of DAVID E. MARSHALL et al., Petitioners, v. TOWN OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 7, 1984

Citations

105 A.D.2d 1140 (N.Y. App. Div. 1984)

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