Z&S Secures Reversal of $8.9 Million Condemnation Award in Appeal to Second Department

In the latest development in an eminent domain proceeding where David Cooper serves as Trial and Appellate Counsel to a Village in Rockland County, the Second Department has reversed an $8.9 Million award issued by the Supreme Court in 2017, finding that the trial evidence did not support the lower court’s valuation. The Appellate Division determined instead that the Village’s highest and best use (an 80-unit townhouse development) was the only use supported by the evidence presented at trial. In addition, the Court found that the Village provided the only appraisal complying with the “facts, figures and calculations” standard governing condemnation valuation trials. The matter has been remanded to the Supreme Court for a new judgment consistent with the Second Department’s decision.

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