DAUERNHEIM, INC. v. STATE


29 A.D.2d 594 (1967)

Dauernheim, Inc., Respondent, v. State of New York, Appellant. (Claim No. 41460.)

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

December 18, 1967


HERLIHY, J.

The State first contends that the trial court erred in finding the highest and best use of property was for development as a commercial plant nursery. Suffice it to say that portions of the claimant's property were actually being used for such business at the time of the appropriation and the record is adequate to sustain the finding that the development of the remainder for such purpose was its highest and best use. We would note that the...

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