City brought condemnation action against property owner, and the Supreme Court, Richmond County, awarded property owner $10,100,000 for fair market value of condemned property. City appealed.
The Supreme Court, Appellate Division, held that finding that the highest and best use of the condemned property was as a yeshiva was supported by sufficient evidence.
Finding that the highest and best use, as required to determine fair market value, of a condemned property was as a yeshiva was supported by sufficient evidence; property owner had pursued a hardship exemption from the property’s designation as a wetland and his failure to develop the property as a yeshiva was explained by moratoria on development in wetland areas.