City of Buffalo v. Diocese of Buffalo

Judgment unanimously reversed on the law and facts, without costs, and a new trial granted. Memorandum: The Roman Catholic Diocese of Buffalo (defendant) owned property with frontage on Niagara Square and West Genesee Street. Prior to 1965, the premises were occupied by an old brick office building lacking modern improvements. In 1965 the building was razed and the lot was blacktopped and leased for use as a parking lot. On February 18, 1970 the city obtained a preliminary order of condemnation for the purpose of acquiring the lot for a new City Court building and parking ramp. At the trial,…