Kenford Co. v. County of Erie

Hancock, Jr., J. P.

(concurring in part and dissenting in part). The appeal, as we see it, turns on this overriding question: whether the County of Erie, in addition to repaying plaintiffs for mitigation damages and for their out-of-pocket losses incurred in reliance on the county’s promise to build the dome, should also pay a sum equal to the financial benefits plaintiffs would supposedly have achieved if the dome had been built and had proved to be a success.

The case may be simply stated. Believing that the domed stadium would be an economic boon and would result in increased property taxes,…