CondemnationReasonable Probability That Zoning Change From Residential to Commercial Use Would Have Been GrantedFailure to Previously Pursue the Zoning Change or Permits Was ReasonableRes Judicata, Collateral Estoppel and Law of the Case InapplicableCourt Attached Great Weight to Prior Decision as to Prior Partial TakingAppraiser Failed to Discuss Possible Zoning Change With Local OfficialsDraft Engineering Reports Not Available to ClaimantAdverse InferenceViolation of Uniform Standards of Professional Appraisal PracticeArm’s Length Contract Considered in Determining Value
This case involved an Eminent Domain Procedure Law (EDPL) Article 5 proceeding, challenging the valuation by a county sewer district of real property taken in eminent domain. Although much of the property was "heavily wooded" and had steep slopes, the property included a plateau which the claimant asserted was appropriate for an office or commercial structure.