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  5. 56 N.Y.2d 1020 (1982)
 

MATTER OF TOWN OF HEMPSTEAD

56 N.Y.2d 1020 (1982)

In the Matter of the Town of Hempstead, Appellant, Relative to Acquiring Title to Real Property for Park Purposes at Point Lookout in the Vicinity of Sea Spray Drive East in the Town of Hempstead. Malibu Associates, Inc., et al., Respondents. In the Matter of the Town of Hempstead, Appellant, Relative to Acquiring Title to Real Property for Park Purposes near Point Lookout Malibu in the Town of Hempstead. Malibu Associates, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 23, 1982.

Attorney(s) appearing for the Case

George J. Farrell, Jr., Frank A. Fritz, Jr., and Kenneth Henrie for appellant.

Howard T. Hogan, Howard Thomas Hogan, Jr., and Julius L. Sackman for Malibu Associates, Inc., respondent.

Michael Bradie for Ovide E. de St. Aubin and another, respondents.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to that court for consideration of the facts.

The Appellate Division reversed Special Term's award, on the law, based upon residential use as the highest and best use, because Special Term made no award for improvements with a sound value in excess of $1,000,000. The basis for Special...

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