Schwartz v. State

OPINION OF TE COURT

Sweeney, J.

The property in question consists of approximately nine acres of land zoned for a variety of commercial uses and located on the south side of New York State Route 25 near a major regional shopping center. The deed conveying the subject property, together with some additional 71 acres, contained a restrictive covenant limiting the use of the property to residential purposes except for the first 150 feet south of Route 25. The State permanently appropriated claimants’ property, and the present action was commenced. The Court of Claims found that the average value…