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COCA-COLA v. BD. OF ESTIMATE

72 N.Y.2d 674 (1988)

In the Matter of Coca-Cola Bottling Company of New York, Inc., Respondent, v. Board of Estimate of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Jeffrey Schanback, Leonard Koerner and John De Angeli of counsel), for the Board of Estimate of the City of New York and others, appellants.

Stanley S. Zinner for Con-Agg Recycling Corp., appellant.

John T. Van Der Tuin and Jon Y. Arnason for respondent.

Robert Allan Muir, Jr., for Howard Golden and others, amici curiae.

Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

Chief Judge WACHTLER.

In the early 1980's respondent Con-Agg Recycling Corp. (Con-Agg) began operating a concrete recycling business on a site in The Bronx owned by the City of New York (the City). The applicable urban renewal plan, however, did not authorize the use of the site for this purpose. Thus in 1984 Con-Agg sought amendment of the plan to allow for its recycling activities. It also sought to purchase...

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