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Eminent Domain Law
Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking
Matter of Huntley Power, LLC. v. Town of Tonawanda, 2023 WL 3912499, AppDiv, Fourth Dept. (4-1 decision; majority memorandum; dissenting memorandum by Lindley, J.)
Landowner challenged the Town's decision to condemn land along the Niagara River. The Appellate Division upheld the taking, holding that it was for a public purpose and that the Town's failure to publish a synopsis of its determination within 90 days of the public hearing did not prejudice landowner.
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