GLENNON v. STATE


40 A.D.2d 1072 (1972)

Augustus P. Glennon et al., Respondents, v. State of New York, Appellant. (Claim No. 50742.)

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

December 12, 1972


Judgment unanimously affirmed, with costs.

Memorandum:

We affirm the award made by the trial court of $24,840 for 4.1 acres of unimproved land in the Town of Chili zoned residential E which was totally appropriated by the State. We note, however, that the trial court's valuation of $3,000 per acre made upon claimant's comparables, all of which had an enhanced value due to an imminent zoning change not properly applicable to land zoned residential E was error...

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