TOWN OF TONAWANDA v. STATE


28 A.D.2d 644 (1967)

Town of Tonawanda, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 44332, 44433, 44474.)

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

May 23, 1967


Judgment unanimously affirmed, with costs to claimant.

Memorandum:

We concur with the amount of the award. This affirmance, however, should not be construed as establishing the principle that the value of land subject to various kinds of restrictions may not be affected by the restrictions. The deed of conveyance from the grantor county to the claimant town recited "that the premises hereinbefore described are to be used for municipal purposes only". There...

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