MATTER OF SPEACH v. SMITH


46 A.D.2d 1001 (1974)

In the Matter of Ernest W. Speach, as Commissioner of Public Works of the City of Syracuse, Appellant, v. Gordon H. Smith et al., Respondents

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

December 12, 1974


Judgment unanimously modified, on the law and facts, in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

The commissioners found upon sufficient evidence that the subject property was zoned Residential A, that it had little value for single residence use and that a reasonable probability existed of rezoning to Residential RB-1 for development with apartment buildings. Although the city's appraiser valued on a per dwelling unit...

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