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MATTER OF URBAN RENEWAL [PATCHEN POST]

45 N.Y.2d 1 (1978)

In the Matter of the Rochester Urban Renewal Agency, Appellant, Relative to Acquiring Title to Real Property for the Southeast Loop Urban Renewal Project in the City of Rochester. Patchen Post, Inc., Respondent. In the Matter of Village of Newark Urban Renewal Agency, Appellant, Relative to Acquiring Title to Real Property for an Urban Renewal Project Known as Newark Mid town Project in the Village of Newark. Newark Grange, No. 366 et al., Respondents.

Court of Appeals of the State of New York.

Decided June 13, 1978.

Attorney(s) appearing for the Case

Donald J. Corbett, Louis N. Kash, Corporation Counsel, and Charles Capobianco for appellant in the first above-entitled proceeding.

John F. Redmond for respondent in the first above-entitled proceeding.

Donald J. Corbett for appellant in the second above-entitled proceeding.

Samuel C. Shoolman for Newark Grange, No. 366, respondent in the second above-entitled proceeding.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

The issue at the heart of both these condemnation proceedings is whether a building owned and operated by each of the respondent nonprofit organizations was properly classified as a specialty and was therefore correctly evaluated in accordance with the cost of reproduction less depreciation method. In each instance, the building in its present form had been specially constructed for the organization...

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