SALOMONE & CO. v. STATE


40 A.D.2d 916 (1972)

Salomone & Company, Appellant, v. State of New York, Respondent. (Claim No. 48459.)

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

November 21, 1972


The rezoning was conditioned upon the plant's being constructed substantially in compliance with plans submitted by claimant. Prior to the construction of the plant a stop order was issued by the local authorities and, thereafter, the entire premises were appropriated by the State. The trial court found that the highest and best use of the property was industrial in accordance with B-2 zoning and awarded direct damages of $135,000, based on a $60,000 per acre value. The court...

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