In re Town of Hempstead

In this condemnation proceeding the Town of Hempstead has filed objections to two of the court’s findings, and the claimant objects to the quantum of interest which is set forth in the tentative decree, to wit: 4%.

Taking petitioner’s second objection first, it is the contention of the town that the court erred in ascribing an additional 10% increment in adjusting the comparable sales, by virtue of the accomplished rezoning on the subject parcel for residence purposes. The prime sales relied upon by the court were all sales of commercially zoned property in which the contracts of sale were…