Huggins v. Castle Estates, Inc.

Mottle, J. (dissenting).

In 1968, plaintiff Eric H. Huggins purchased a house from defendant, a developer, in a residential ■subdivision in the Town of New Hartford, a Utica suburb. In the same year, plaintiff James M. Lawrence purchased a building lot from defendant in the same subdivision. Both parcels of property were zoned R-2 (residential) as was a lot across the road which was owned by defendant and was part of the same subdivision. The area surrounding the subdivision, however, was developed commercially and various commercial structures were in full view of plaintiffs’ property.

At the…