COMSTOCK v. STATE


39 A.D.2d 790 (1972)

Doane C. Comstock, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 49061, 49062.)

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

May 9, 1972


The taking was of 52.77 acres in Putnam County from a parcel of 416 acres of vacant, undeveloped land formerly used for farming and which was zoned for residential use. The principal issue to be decided arises from the proof offered to demonstrate the imminence of a change in zoning restrictions to permit the utilization of the property for commercial or industrial purposes. If a reasonable probability of such a change exists, this becomes a relevant factor in the determination...

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