In re Town of Hempstead

Lazer, J.,

dissents and votes to affirm the decree insofar as appealed from, with the following memorandum: I do not agree, as my colleagues apparently have posited, that a condemning authority which intends to put the property it takes to the same use as the owner did must pay for it on a *593summation basis at the condemnee’s option. The controversy here concerns not only the total amount of the award for the taking of a parcel known as the Malibu Beach and Cabana Club, but also how the award should have been arrived at. The property consists of 36.413 acres in the “Lido strip” between Lido…