David Cooper & Zachary Mintz Obtain Favorable Order In Condemnation Proceeding

Zarin & Steinmetz serves as Trial Counsel to the City of Port Jervis on multiple eminent domain valuation proceedings filed in connection with a federally funded bridge replacement project. In the most recent case, a property owner submitted a claim for over $1 million for the partial taking of its property. The majority of this claim was premised upon the theory that a bulkhead along a river was a separately compensable improvement worth $674,000.00. David Cooper and Zach Mintz successfully obtained an order from the Supreme Court, Orange County, precluding the introduction of any evidence in furtherance of this claim. The Supreme Court agreed with Z&S that the bulkhead was “integral” to the value of the real estate because without the bulkhead, the upland property would be susceptible to erosion and flooding, and not be developable. Accordingly, the Claimant’s potential monetary recover from the City was reduced by over 65 percent.