TOWN REALTY, INC. v. STATE


27 A.D.2d 964 (1967)

Town Realty, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 42686.)

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

April 27, 1967


HERLIHY, J.

The record contains sufficient and adequate evidence that the highest and best use of the subject property was for commercial purposes regardless of its actual use at the time of appropriation and the court adopted this theory in its valuation of the property. However, the court found that the highest and best use prior to appropriation was residential. The court also found that the State appropriated the fee of the entire property of the...

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