Westvale Acres, Inc. v. State

Appellate Division of the Supreme Court of New York

Westvale Acres, Inc. v. State

38 A.D.2d 881, 329 N.Y.S.2d 311, 1972 N.Y. App. Div. LEXIS 5304

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

DecidedFebruary 25, 1972

DocketClaim No. 50298

StatusPublished

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This text of 38 A.D.2d 881 (Westvale Acres, Inc. v. State) 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.

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Westvale Acres, Inc. v. State, 38 A.D.2d 881, 329 N.Y.S.2d 311, 1972 N.Y. App. Div. LEXIS 5304 (N.Y. Ct. App. 1972).

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Opinion

Judgment unanimously affirmed, with costs. Memorandum: The evidence fully supports the finding by the Trial Judge that except for the reservation by the State of the area in question for future arterial highway purposes, more than eight years before the appropriation, claimant owner would have developed the area into subdivision lots, built on them and sold them, as it did the adjoining area. Claimant acquired this property for residential development, unaware of the State’s reservation of the area in question for a public purpose, and submitted a plan to the Planning Commission showing the entire appropriated section subdivided into lots. The plans were rejected because of the threat of condemnation as to a portion of the property. Since the threat of condemnation was the sole cause of the claimant’s failure to develop this area it was proper to aiward to claimant a value commensurate with the value of the adjoining lands owned and developed by it (see City of Buffalo v. Irish Paper Co., 31 A D 2d 470, affd. 26 N Y 2d 869). (Appeal from judgment of Court of Claims in claim for damages for permanent appropriation.) Present — Del Vecchio, J. P., Marsh, Witmer, Moule and Henry, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: The evidence fully supports the finding by the Trial Judge that except for the reservation by the State of the area in question for future arterial highway purposes, more than eight years before the appropriation, claimant owner would have developed the area into subdivision lots, built on them and sold them, as it did the adjoining area. Claimant acquired this property for residential development, unaware of the State’s reservation of the area in question for a public purpose, and submitted a plan to the Planning Commission showing the entire appropriated section subdivided into lots. The plans were rejected because of the threat of condemnation as to a portion of the property. Since the threat of condemnation was the sole cause of the claimant’s failure to develop this area it was proper to aiward to claimant a value commensurate with the value of the adjoining lands owned and developed by it (see City of Buffalo v. Irish Paper Co., 31 A D 2d 470, affd. 26 N Y 2d 869). (Appeal from judgment of Court of Claims in claim for damages for permanent appropriation.) Present — Del Vecchio, J. P., Marsh, Witmer, Moule and Henry, JJ.

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Bluebook (online)

38 A.D.2d 881, 329 N.Y.S.2d 311, 1972 N.Y. App. Div. LEXIS 5304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westvale-acres-inc-v-state-nyappdiv-1972.

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