Chiarulli v. State

Judgment unanimously affirmed, without costs. Memorandum: Claimant appeals from an award of $36,547.79 for the State’s appropriation of 3.529 acres of muck land. Although the State cross-appealed, it has withdrawn its appeal. Most of the factual findings are not in dispute. Both parties agree that the highest and best use of the property before and after appropriation was for industrial or commercial purposes. Claimant-appellant contends that the trial court erred in identifying percentages used by both parties in their value of the subject property with that of the comparable known as the…