Opinion
December 3, 1970
Appeal from a judgment entered January 7, 1970, upon a decision of the Court of Claims, which awarded claimant $36,000, plus interest, as damages for the appropriation of a tract of real property in the Town of Chenango, Broome County, for highway purposes. The Court of Claims found the highest and best use of the property at the time of the appropriation was for a cabin colony but incorrectly based, in part, its found land value on valuations of commercial properties. The alleged reasonable probability of a zoning change for commercial use did not have a sufficient evidentiary basis. Judgment modified, on the law and the facts, so as to reduce the amount awarded to $28,000, with appropriate interest, and, as so modified, affirmed, without costs. Herlihy, P.J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.