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MATTER OF HBP ASSOCIATES v. COUNTY OF ORANGE

277 A.D.2d 237 (2000)

716 N.Y.S.2d 584

In the Matter of HBP ASSOCIATES, Respondent, v. COUNTY OF ORANGE, Appellant.

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

Decided November 6, 2000.

Ordered that the judgment is affirmed, with costs.

The determination of the highest and best use of a property must be based upon evidence of a use which reasonably could or would be made of it in the near future (see, Matter of City of New York [Broadway Cary Corp.], 34 N.Y.2d 535, 536; Yaphank Dev. Co. v County of Suffolk, 203 A.D.2d 280; Matter of City of New York v Estate...

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