COUNTY OF ERIE v. ST. MATTHEW'S UNITED CHURCH OF CHRIST


116 A.D.2d 973 (1986)

County of Erie, Appellant-Respondent, v. St. Matthew's United Church of Christ, Respondent-Appellant

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

January 24, 1986


Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum:

Plaintiff appeals from a judgment of condemnation that awarded $62,747.49 to defendant for a taking of approximately one acre of cemetery land for use as a sewer easement. The trial court erred in using the income method of valuation based on a capitalization rate of 12%. By refusing to reduce the economic life of the cemetery...

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