Edward J. Ullrich, Inc. v. State

OPINION OF THE COURT

Thomas J. McNamara, J.

This is a claim for de facto appropriation.

Edward J. Ullrich, an officer in Edward J. Ullrich, Inc., testified that he and his wife purchased property in the Town of Marcy, Oneida County, in 1976. The property was transferred *195to claimant in 1990. In that same year, an application was made to the Town for subdivision approval and ultimately approval was given for an 11-lot subdivision. Subsequently, a construction loan was obtained and work on the infrastructure was begun. As part of that work, $10,592.55 was paid to Niagara Mohawk for placing power…