Legal Opinion
West Seneca Central School District v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1977No. Claim No. 57892PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: The trial court determined that the highest and best use of claimant’s residentially zoned vacant land before this partial taking was for school purposes. It is well settled that a "use which is no more than a speculative or hypothetical arrangement in the mind of the claimant may not be accepted as the basis for an award” (Matter of City of New York [Shorefront High School—Rudnick], 25 NY2d 146, 149). There must be a reasonable probability that the asserted highest and best use "could or would have been made within the reasonably near…
2Cases cited5 opinions
- In re the City of New YorkNew York Court of Appeals · 1969
- Matter of City of New YorkNew York Court of Appeals · 1974
- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Liere v. StateAppellate Division of the Supreme Court of the State of New York · 1972
- Greco v. StateAppellate Division of the Supreme Court of the State of New York · 1972
3Cited by5 opinions
- Scheur v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Village of Hilton v. EdelmanAppellate Division of the Supreme Court of the State of New York · 1981
- Thompson v. Erie County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1998
- NOCO Energy Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Orchard Grove of Dutchess, Inc. v. StateCivil Court of the City of New York · 2003