Fourth Department - Eminent Domain Procedure Law: Huntley Power v. Town of Tonawanda

Daily Record Staff//July 6, 2023//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Eminent Domain Procedure Law

Untimely publication – Prejudice

Huntley Power v. Town of Tonawanda

OP 22-01460

Initiated in the Appellate Division, Fourth Department

Background: The petitioner commenced proceedings pursuant to the Eminent Domain Procedure Law seeking an order rejecting the determination of the respondent which authorized the condemnation of property owned by the petitioner. The petitioner alleged that the respondent’s failure to publish a synopsis of its determination and findings within 90 days of the public hearing violated EDPL requires the Appellate Division to reject the determination.

Ruling: The Appellate Division confirmed the determination. The court held that the respondent’s publication was untimely but the untimeliness did not prejudice the petitioner. Thus, the error does not require the court to reject the determination.

Mark R. McNamara, of Barclay Damon, for the petitioner; Marc A. Romanowski, of Rupp Baase Pfalzgraf Cunningham, for the respondent.

Oral argument video