LEM v. STATE


45 A.D.2d 805 (1974)

Ebba C. Lem, as Administratrix of The Estate of Hans Lem, Jr., Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 53269.)

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

June 27, 1974


Claimants contend that the trial court erred in finding that the highest and best use of the property was for the zoned use of single-family residential. Their appraiser considered that, as of the vesting date, there was a reasonable probability that a change of zoning could be obtained for office building use, and valued the property on that basis. The State's appraiser utilized a highest and best use of residential, in accordance with existing zoning, finding that there...

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