Legal Opinion

HBP Associates v. County of Orange

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

Decided November 6, 2000PublishedCited by 3 opinions

1Opinion of the Court

—In an eminent domain proceeding, the County of Orange appeals from a judgment of the Supreme Court, Orange County (Palella, J.), dated February 2, 1999, which is in favor of the petitioner and against it in the principal sum of $1,351,010, plus an additional allowance of $111,537 pursuant to EDPL 701.

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 NY2d 535, 536; Yaphank…

2Cases cited5 opinions

  1. In re the City of New YorkNew York Court of Appeals · 1969
  2. Matter of City of New YorkNew York Court of Appeals · 1974
  3. Yaphank Development Co. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
  4. Consolidated Edison Co. of New York, Inc. v. Neptune AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
  5. City of New York v. Estate of LevineAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by3 opinions

  1. In re City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2005
  2. Chester Industrial Park Associates, LLP v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  3. City of New York v. Jamaica Arms Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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