City of Buffalo v. J. W. Clement Co.

Del Vecchio, J. P.

This condemnation case is now before us after a second trial following a remand by the Court of Appeals. At the first trial in 1968 defendant, owner of premises ultimately taken by the City of Buffalo in connection with an urban renewal plan, received a substantial award predicated on the theory that there had been a de facto faking of the property in 1963. When the case, came to us we affirmed the finding of a de facto taking, modified the award in some details and as modified affirmed, and remanded the case for a determination as to an extra allowance and costs and…