MATTER OF WEST BUSHWICK URBAN RENEWAL AREA, PHASE 2. 534 BUSHWICK AVENUE CORPORATION


70 A.D.3d 708 (2010)

892 N.Y.S.2d 889

In the Matter of WEST BUSHWICK URBAN RENEWAL AREA, PHASE 2. 534 BUSHWICK AVENUE CORPORATION et al., Appellants; CITY OF NEW YORK, Respondent.

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

Decided February 2, 2010.


Ordered that the order is affirmed, with costs.

Where an "improvement is inconsistent with the highest and best use of the property, the claimant is not entitled to compensation for that improvement" (Matter of West Bushwick Urban Renewal Area Phase 2, 69 A.D.3d 176 [2009]; see Acme Theatres v State of New York, 26 N.Y.2d 385, 388-389 [1970]; Van Kleeck v State of New York,

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