MATTER OF MANHASSET PARK DIST.


60 A.D.2d 844 (1978)

In the Matter of Manhasset Park District, Respondent, Relative to Acquiring Title to Real Property for Parking Purposes Situated Within the Manhasset Park District in the Town of North Hempstead, Nassau County. Marthann Realty Co., Inc., Appellant

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

January 3, 1978


Partial final decree affirmed insofar as appealed from, with costs.

Claimant has failed to establish a "taking" of its parking lot business, in the traditional sense of that term, and is, therefore, not entitled to consequential damages for the destruction of its business upon the taking of the land. Nor has claimant established, with respect to Damage Parcel No. 16, either a valid nonconforming parking lot use or a reasonable probability of rezoning to commercial...

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