Legal Opinion

King v. State

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1967No. Claim No. 43107PublishedCited by 3 opinions

1Opinion of the CourtHerlihy, J.

Appeal by the claimant from a judgment of the Court of Claims awarding nominal damages only for the appropriation of a right of way. Prior to the appropriation, the claimant’s property was zoned about one third for commercial use and two thirds for residential use. The parties agree that without the right of way appropriated, the portion zoned for commercial use can no longer be used for commercial purposes although it may now be used for residential purposes. The claimant’s expert offered testimony that there was a demand for apartment buildings in this area. He further introduced sales of…

2Cases cited2 opinions

  1. Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  2. King v. StateNew York Court of Claims · 1966

3Cited by3 opinions

  1. Sun Oil Co. of Pennsylvania v. StateAppellate Division of the Supreme Court of the State of New York · 1975
  2. La Briola v. State of NYNew York Court of Appeals · 1975
  3. La Briola v. State of NYNew York Court of Appeals · 1975

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