Board of Education of the City School District v. State

— Judgment unanimously affirmed, without costs. Memorandum: Claimant appeals from dismissal of its damage claim for appropriation of a temporary easement and demolition of the 99th Street school on the sole ground that the court erred in applying the de jure taking date of March 25, 1980, instead of an alleged de facto taking date of August 2, 1978, the date the New York State Health Commissioner declared a state of emergency at the Love Canal. This contention was raised for the first time on appeal and cannot be considered because the parties stipulated on the record to valuation as of March…