BAML REALTY, INC. v. STATE


35 A.D.2d 857 (1970)

Baml Realty, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 45450.)

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

November 5, 1970


The subject parcel was zoned residential but for years a building thereon housed a foundry, a pre-existing nonconforming use. About 1960 the operating corporation moved its manufacturing to a new location but, allegedly, continued some operations at the old site. The Court of Claims found that the highest and best use was residential, but based its award of $5,050 on the claimed nonconforming commercial use, and rejected the contention that the building could be converted...

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