Town of Cheektowaga v. Starlite Builders, Inc

Supplemental judgment unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: In August 1990 petitioner, Town of Cheektowaga (Town), acquired four parcels of vacant land by eminent domain for the construction and development of a municipal golf course. Thereafter claimants, the owners of the four parcels, filed a claim pursuant to EDPL 503 for damages arising from the Town’s acquisition of their property. A nonjury trial was commenced and, at the close of claimants’ proof, Supreme Court granted the…