Legal Opinion

City of New York v. Mobil Oil Corp.

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

Decided October 25, 2004PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Santucci, J.P.

The issue raised on this appeal is one of first impression in this state. Specifically, we address whether evidence and testimony relating to environmental contamination and remediation costs should be considered in determining just compensation in a condemnation proceeding, when the condemnee is also subject to liability under a pending Navigation Law proceeding. For the reasons set forth below, we conclude that, under the circumstances of this case, evidence of remediation costs should not be admitted into evidence at the condemnation proceeding. The…

2Cases cited20 opinions

  1. Brown v. Legal Foundation of WashingtonSupreme Court of the United States · 2003
  2. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  3. Almgren v. Rush-Presbyterian-St. Luke's Medical CenterIllinois Supreme Court · 1994
  4. Allied Corp. v. Town of CamillusNew York Court of Appeals · 1992
  5. Commerce Holding Corp. v. Board of AssessorsNew York Court of Appeals · 1996

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3Cited by25 opinions

  1. In re City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2005
  2. Moorhead Economic Development Authority v. AndaSupreme Court of Minnesota · 2010
  3. Parker v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  4. 260 North 12th Street, LLC v. State of Wisconsin Department of TransportationWisconsin Supreme Court · 2011
  5. 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007

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