Rockland County Sewer District No. 1 v. J. & J. Dodge, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; November 6, 1994; New York; State Appellate Court
In the condemnation proceeding involving J. J. Dodge, Inc., the company appealed two orders from the Supreme Court of Rockland County: one from July 1, 1994, which granted the condemnor's application without a hearing, and another from August 9, 1994, which denied a motion for a stay pending appeal. The appeal from the August order was dismissed as abandoned. The court affirmed the July order, ruling that the condemnor was exempt from the public hearing requirement under EDPL article 2 due to compliance with statutory provisions, including submitting relevant environmental assessments to the New York State Environmental Facilities Corporation (EFC) and obtaining necessary approvals. The court noted that the condemnor's actions met the requirements outlined in EDPL 206 (A) and were supported by the EFC's review and approval. Additionally, the court found that the taking of property for a permanent easement was considered de minimis because the land was not actively used for commercial purposes, and no evidence indicated plans for development that would be hindered by the easement. Consequently, the court held that the proposed taking did not interfere with existing land use and was justified without a public hearing. Other arguments presented by the appellant were deemed without merit, and the petitioner was awarded one bill of costs. The decision was concurred by Judges Thompson, Sullivan, O’Brien, and Ritter.