Legal Opinion

In re the City of Rochester

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

Decided February 25, 1977Published

1Opinion of the Court

Judgment unanimously affirmed, with costs to defendant. Memorandum: The trial court correctly determined that claimant’s funeral home, which included a chapel with a cathedral ceiling, qualified as a specialty. It was specifically designed, constructed and used as a funeral home. The parties concur that its highest and best use was as a funeral home, and the evidence demonstrates the absence of a market for this type of property in the Rochester area. The structural characteristics and features of the building were unique; and the fact that respondent erected a *716replacement structure similar…

2Cases cited6 opinions

  1. Keator v. State of New YorkNew York Court of Appeals · 1968
  2. Sparks v. StateAppellate Division of the Supreme Court of the State of New York · 1975
  3. Sparks v. StateNew York Court of Appeals · 1976
  4. City of Glen Cove v. Switzer Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Dodge v. El Roh Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1972

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