Town of Tonawanda v. State

Memorandum: We concur with the amount of the award. This affirmance, however, should not be construed as establishing the principle that the value of land subject to various kinds of restrictions may not be affected by the restrictions. The deed of conveyance from the grantor county to the claimant town recited “ that the premises herein-before described are to be used for municipal purposes only”. There is no provision that the covenant should run with the land, be binding upon the grantee’s assigns or revert to the grantor. Nor does it appear that the provision is of benefit to the…