SUN OIL CO. v. STATE


24 A.D.2d 834 (1965)

Sun Oil Company, Respondent, v. State of New York, Appellant. (Claim No. 40480.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 28, 1965


Judgment unanimously affirmed, with costs.

Memorandum:

The trial court found that by reason of its location in a heavy traffic area the highest and best use of the subject property was the use which was being made of it at the time of appropriation, namely, for the operation of a gasoline service station. The trial court then allowed a 25% increase in the market value in order to "take adequate note of a restricted use". The trial court considered the taking...

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