WEST SENECA CENT. SCH. DIST. v. STATE


60 A.D.2d 760 (1977)

West Seneca Central School District, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 57892.)

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

December 9, 1977


Judgment unanimously affirmed, without costs.

Memorandum:

The trial court determined that the highest and best use of claimant's residentially zoned vacant land before this partial taking was for school purposes. It is well settled that a "use which is no more than a speculative or hypothetical arrangement in the mind of the claimant may not be accepted as the basis for an award" (Matter of City of New York [Shorefront High School — Rudnick]...

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