La Briola v. State of NY

Gabrielli, J. (dissenting).

The issue dividing this court is simply stated. Is a landowner entitled to consequential damages where a portion of his land is taken for highway purposes and there is also an elimination of normal access to the remainder of his property which, as conceded by the State in this case and found by the courts below, renders the remainder of claimant’s land entirely unsuitable for its former highest and best use? We hold that in these circumstances and upon the facts of this case, the claimant is entitled to be compensated for the loss occasioned as a result of State…