Raichle v. State

The State appeals from a judgment of the Court of Claims which awarded claimant, the trustee in bankruptcy of Kabeth Properties, Inc. (Kabeth) and assignee of this claim, $338,986 direct and $364,048 consequential damages with interest resulting from the permanent appropriation of 31.453 acres of generally vacant land formerly owned by Kabeth in the Town of Clay, Onondaga County. Initially we note that the court erred in finding that the highest and best use of the property before the appropriation was as a *1072regional shopping center. Although claimant demonstrated the physical feasibility of…