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MATTER OF SPEACH v. SMITH

47 A.D.2d 713 (1975)

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.

February 28, 1975

Motion granted and reargument scheduled for the April 1975 Term of this court in accordance with the following memorandum: In our decision on this appeal we modified the award of the condemnation commissioners because we held that they had adjusted the market data downward to find a value based upon use of the property as Residential BB-1 and then improperly added to that figure an increment of 30% to reflect the probability that the property would be rezoned from the existing...

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