Condemnation—Reasonable Probability That Zoning Change From Residential to Commercial Use Would Have Been Granted—Failure to Previously Pursue the Zoning Change or Permits Was Reasonable—Res Judicata, Collateral Estoppel and Law of the Case Inapplicable—Court Attached Great Weight to Prior Decision as to Prior Partial Taking—Appraiser Failed to Discuss Possible Zoning Change With Local Officials—Draft Engineering Reports Not Available to Claimant—Adverse Inference—Violation of Uniform Standards of Professional Appraisal Practice—Arm’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.