New York State Court of Claims

New York State Court of Claims

TRANSITOWN PLAZA ASSOCIATES v. STATE OF NEW YORK, #2002-006-101, Claim No. 101553


Synopsis



Case Information

UID:
2002-006-101
Claimant(s):
TRANSITOWN PLAZA ASSOCIATES
Claimant short name:
TRANSITOWN PLAZA ASSOCIATES
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101553
Motion number(s):

Cross-motion number(s):

Judge:
EDGAR C. NeMOYER
Claimant's attorney:
HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR, LLPBy: Daniel A. Spitzer, Esq.
Defendant's attorney:
ELIOT SPITZER, ATTORNEY GENERALBY: Wendy E. Morcio, Esq.
Third-party defendant's attorney:

Signature date:
March 22, 2002
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
This claim came on for trial before this court on March 19, 20, & 21, 2002. At the conclusion of the trial, after the claimant and defendant had submitted their proof and made final arguments, the court rendered its decision on the record from the bench. This written decision memorializes the salient findings and conclusions rendered by the court.

This is a timely filed claim for damages caused by the partial appropriation of claimant's property pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law. The subject property is described on the appropriation maps entitled "Transit Road, Part 4, S.H. 1334 A-1, Map No. 180, Parcel Nos., 201 & 202", and "Main Street, Part 3, S.H. 130, Map No. 180, Parcel Nos., 201 & 202", filed in the Erie County Clerk's Office on January 20, 1998, to which the parties stipulated, and the court finds to be the date of taking. Said maps and the property descriptions set forth therein are adopted by the court and incorporated herein by reference. This claim has not been assigned or submitted to any other court, tribunal or officer for audit or determination.

At the time of the appropriation herein, claimant, Transitown Plaza Associates, owned the property, known as Transitown Plaza, and located at the southeast corner of the intersection of Main Street and Transit Road in the Town of Clarence, New York, which property is the subject of this appropriation claim. There was no dispute as to the ownership of the property, which was stipulated to by the parties.

The appropriation took strips of land along Transit Road and Main Street containing 7,965 square feet or .183 acres. Both parties stipulated to the size of the taking.

The court has viewed the subject property on several occasions, both in the before and after situations.

The central issue in this appropriation claim was whether the subject property suffered consequential or severance damages as a result of the taking, so as to prevent the claimant from further developing the property adjacent to the taking. After hearing all of the proof, and giving due consideration to the testimony and analysis of both appraisers, the court finds the claimant suffered no consequential or severance damages to the subject property as a result of this taking.

The court finds the only damages suffered by the claimant as a result of this taking are direct damages for the land and improvements taken by the appropriation. These damages are summarized as follows:

1.) .183 acres @ $320,000.00 per acre $58,560.00

2.) 7,965 square feet of blacktop $15,357.00

3.) 17 lineal foot retaining wall $43.00

4.) 15 lineal foot chain link fencing $68.00

5.) Parking bumpers $1,739.00

6.) Enter/Exit signs
$900.00
Total Direct Damages
$76,667.00

Claimant is awarded the sum of $76,667.00 with interest thereon from January 20, 1998 (date of taking), to July 20, 1998 (six months subsequent to date of taking), and from December 9, 1999 (date of filing of claim), to the date of this decision and thereafter to the date of entry of judgment herein, pursuant to CPLR 5001 and CPLR 5002; EDPL § 514; Court of Claims Act § 19(1); subject to Court of Claims Act § 19(4).

ORDERED, that to the extent claimant has paid filing fee, it may be recovered pursuant to Court of Claims Act § 11-a(2).

The award herein is exclusive of the claims, if any, of persons other than the owners of the appropriated property, its tenants, mortgagees and lienors having any right or interest in any stream, lake, drainage and irrigation ditch or channel, street, road, highway, or public or private right-of-way, or the bed thereof, within the limits of the appropriated property or contiguous thereto, and is exclusive also of the claims, if any, for the value of or damage to easements and appurtenant facilities for the construction, operation, and maintenance of publicly owned or public service electric, telephone, telegraph, pipe, water, sewer, and railroad lines.
LET JUDGMENT BE ENTERED ACCORDINGLY.

March 22, 2002
Buffalo, New York

HON. EDGAR C. NEMOYER
Judge of the Court of Claims