HBP Associates v. County of Orange
Appellate Division of the Supreme Court of the State of New York
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
- In re the City of New YorkNew York Court of Appeals · 1969
- Matter of City of New YorkNew York Court of Appeals · 1974
- Yaphank Development Co. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
- Consolidated Edison Co. of New York, Inc. v. Neptune AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- City of New York v. Estate of LevineAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by3 opinions
- In re City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2005
- Chester Industrial Park Associates, LLP v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- City of New York v. Jamaica Arms Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 2005