Legal Opinion
520 East 81st Street Associates v. State
New York Court of Appeals
Decided November 14, 2002PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The broad issue on this appeal is the proper measure of damages for a temporary regulatory taking of property by the State. Specifically, we must determine the correct method of calculating damages when a regulatory taking delays the imminent sale of property. On the facts presented here, we conclude that just compensation requires an award for the lost use of sale proceeds from the time of the taking and not an award that represents only the interim decline in the value of the property.
Claimant, 520 East 81st Street Associates, once owner of a Manhattan…
2Cases cited6 opinions
- Kimball Laundry Co. v. United StatesSupreme Court of the United States · 1949
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Sintra, Inc. v. City of SeattleWashington Supreme Court · 1997
- Washington Market Enterprises, Inc. v. City of TrentonSupreme Court of New Jersey · 1975
- Manocherian v. Lenox Hill HospitalNew York Court of Appeals · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Progressive Credit Union, Taxi Medallion Owner Driver Ass'n, Inc. v. City of N.Y.Court of Appeals for the Second Circuit · 2018
- 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
- R-GOSHEN LLC v. Village of GoshenDistrict Court, S.D. New York · 2003
- Murphy v. StateAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of County of Orange v. Monroe Bakertown Rd. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
15 more not listed; retrieve them via the Exa API.