In re the Town of Brookhaven

Appellate Division of the Supreme Court of New York

In re the Town of Brookhaven

51 A.D.2d 804, 380 N.Y.S.2d 73, 1976 N.Y. App. Div. LEXIS 11382

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1976

StatusPublished

This text of 51 A.D.2d 804 (In re the Town of Brookhaven) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Town of Brookhaven, 51 A.D.2d 804, 380 N.Y.S.2d 73, 1976 N.Y. App. Div. LEXIS 11382 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a condemnation proceeding, the petitioner condemnor appeals, and the claimant cross-appeals, solely on the ground of inadequacy, from a final order of the Supreme Court, Suffolk County, entered May 21, 1975, after a nonjury trial, which, inter alia, fixed the compensation for the taking. Final order affirmed, without costs or disbursements. The location of the subject property at the intersection of two main local roads, plus the [805]*805fact that many of the neighboring properties are zoned for business use, supports the finding that there existed a reasonable probability that the subject parcel would be rezoned for a business use, albeit not for use as a shopping center. The damage award is proper upon this record. Cohalan, Acting P. J., Hargett, Damiani, Shapiro and Hawkins, JJ., concur.

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In a condemnation proceeding, the petitioner condemnor appeals, and the claimant cross-appeals, solely on the ground of inadequacy, from a final order of the Supreme Court, Suffolk County, entered May 21, 1975, after a nonjury trial, which, inter alia, fixed the compensation for the taking. Final order affirmed, without costs or disbursements. The location of the subject property at the intersection of two main local roads, plus the [805]*805fact that many of the neighboring properties are zoned for business use, supports the finding that there existed a reasonable probability that the subject parcel would be rezoned for a business use, albeit not for use as a shopping center. The damage award is proper upon this record. Cohalan, Acting P. J., Hargett, Damiani, Shapiro and Hawkins, JJ., concur.

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Bluebook (online)

51 A.D.2d 804, 380 N.Y.S.2d 73, 1976 N.Y. App. Div. LEXIS 11382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-town-of-brookhaven-nyappdiv-1976.