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

This is a case of first impression which requires that we consider in detail the somewhat amorphous and apparently perplexing concept of de facto appropriation in the hope of clearly defining and firmly establishing its perimeters. Specifically, we have before us the question of whether there can be a de facto taking absent a physical invasion or the imposition of some direct legal restraint. Needless to say, the dictates *248of precedent, practicality and public policy guide us in seeking a just result.

On or about December 10, 1954, J. W. Clement Company received notice of a hearing to be held…