Beh v. State

Hancock, Jr., and Moule, JJ.

(dissenting). Claimant’s property is divided by Route 104 and a set of railroad tracks with 82.55 ± acres on the north side and 1± acre on the south side (south parcel). The south parcel was zoned residential but enjoys a pre-existing nonconforming industrial use. The 82.55 ± acres on the north side of Route 104 is divided into 80 ± acres zoned industrial (north parcel) and 2.55 ± acres zoned residential. The 2.55 ± acres are located in a position that links the north parcel with the Monroe County Line Road. The north parcel was connected to Route 104 by way of a…