MYERS v. STATE


39 A.D.2d 806 (1972)

George Myers, Respondent, v. State of New York, Appellant. (Claim No. 51388.)

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

May 25, 1972


The acreage taken was from a parcel of approximately 27 acres of vacant, undeveloped land, zoned for residential use. The principal issue involves the proof offered to demonstrate the imminence of a change in zoning restrictions to permit the utilization of the property for commercial purposes. If a reasonable probability of such change exists, this becomes a relevant factor in the determination of the value of the subject property (Masten v. State of New York,

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