Legal Opinion
Mount Hope Cemetery Ass'n v. State
Appellate Division of the Supreme Court of the State of New York
Decided August 2, 1960No. Claim No. 32859PublishedCited by 6 opinions
1Opinion of the CourtBergan, P. J.
Claimant is a membership cemetery corporation. For Thruway purposes the State in March and April, 1954, appropriated about 16% acres of its land in the Town of Greenburgh, Westchester County. This acreage was vacant and undeveloped at the time of appropriation, but was being held by claimant for future cemetery use. For direct and consequential damages the Court of Claims has made an award of $763,732.16, which with interest has resulted in a judgment of $911,387.05. Both sides appeal. The State argues the award is excessive and should be $285,000; the claimant argues it is ' inadequate and…
2Cases cited2 opinions
- Keith v. Maple Grove Cemetery Ass'nNew York Supreme Court · 1955
- St. Agnes Cemetery v. StateNew York Court of Claims · 1955
3Cited by6 opinions
- State Highway Commission v. American Memorial Parks, Inc.South Dakota Supreme Court · 1966
- State Ex Rel. State Highway Commission v. BarbeauSupreme Court of Missouri · 1965
- Rest Hills Memorial Park, Inc. v. Clayton Chapel Sewer Improvement District No. 233Court of Appeals of Arkansas · 1982
- St. James Roman Catholic Church Society v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Dawn Memorial Park v. DeKalb CountyCourt of Appeals of Georgia · 1965
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