St. James Roman Catholic Church Society v. State

I must dissent from the decision of the majority. I would reverse the order of the Appellate Division and reinstate the judgment of the Court of Claims.

The sole issue on this appeal is the extent of the right of a cemetery to consequential damages to the remaining portion of property which has been developed for cemetery purposes caused by the direct taking of another portion of its property. Both courts below have determined that the rule announced in St Agnes Cemetery v State of New York (3 NY2d 37) is not applicable in this instance, and the State’s application for leave to appeal from…