Cooney Brothers, Inc. v. State

This is an appeal and cross appeal from a judgment of the Court of Claims (Coleman, J.), awarding claimant $286,955, plus interest for the appropriation of claimant’s installation.

Claimant, a gravel manufacturer, leased two adjacent parcels of land, installed heavy equipment thereon and engaged in the production of sand and gravel until the State pursuant to section 30 of the Highway Law appropriated some 26 acres from one of the parcels as a result of which the operation could no longer feasibly be continued. Claimant pursuant to its lease provisions thereupon moved its operation, including…