Legal Opinion

In re Town of Islip

New York Court of Appeals

Decided February 12, 1980PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

In a condemnation case, where the Town of Islip acquired land which at the time of taking was undeveloped but had been restrictively zoned residential by the town, the Supreme Court, after trial, found the property "unsuitable for residence use” and awarded the claimants, its former owners, an increment above, and in addition to, its residential value. The Appellate Division affirmed, with one dissent.

The town and the claimants have cross-appealed to this court. There is no dispute over that portion of the award which represents the residential value of the…

2Cases cited8 opinions

  1. Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
  2. Business Ventures, Inc. v. Iowa CitySupreme Court of Iowa · 1975
  3. County of Erie v. . FridenbergNew York Court of Appeals · 1917
  4. Keator v. State of New YorkNew York Court of Appeals · 1968
  5. Masten v. StateNew York Court of Appeals · 1961

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3Cited by35 opinions

  1. Chase Manhattan Bank, N.A. v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  2. Metropolitan Transportation Authority v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  3. City of New York v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  4. 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
  5. Matter of 730 Equity Corp. v. New York State Urban Dev. Corp.Appellate Division of the Supreme Court of the State of New York · 2016

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