Northern Lights Shopping Center, Inc. v. State
| Decision Date | 07 January 1965 |
| Citation | 256 N.Y.S.2d 134,15 N.Y.2d 688,204 N.E.2d 333 |
| Parties | , 204 N.E.2d 333 NORTHERN LIGHTS SHOPPING CENTER, INC., Appellant, v. The STATE of New York, Respondent (two cases). |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 20 A.D.2d 415, 247 N.Y.S.2d 333.
The claimant filed claims against the State of New York to recover compensation allegedly due to the claimant by reason of the permanent and temporary appropriation by the State on August 23, 1955 and the permanent appropriation by the State on April 21, 1959 of part of the claimant's realty in the Town of Salina, County of Onondaga, pursuant to Highway Law, Consol.Laws, c. 25, § 30. The appropriations were necessitated by the construction of Interstate Highway Route 81 near a shopping center site of the claimant.
The Court of Claims, William G. Easton, J., entered judgments in favor of the claimant, and the State of New York appealed, and the claimant cross-appealed.
The Appellate Division, Goldman, J., modified the judgments.
The claimant appealed to the Court of Appeals from the orders of the Appellate Division, contending that claimant was deprived of reasonable and suitable access to its property, for which it was entitled to compensation, and that damages suffered by the claimant were not damnum absque injuria, and that damages suffered by the claimant were not by reason of circuity of access or result of diversion of traffic, and that it was error to fail to award consequential damages to the claimant for loss of visibility.
Driscoll, Mathews, Gingold & Cass, Syracuse (Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, of counsel; Francis D. McCurn and John F. Lawton, Syracuse, on the brief), for claimant-appellant.
Louis J. Lefkowitz, Atty. Gen. , for respondent.
Orders affirmed, without costs.
All concur except VAN VOORHIS, J., who dissents, in part, in the following memorandum:
I conclude with the majority that the circle and weaving lane created by the construction of Interstate Highway Route 81, the one-way routing of traffic on Route 11 and County Highway 208 abutting the subject property, and other elements of alleged consequential damage are not compensable, except that I think that the right of access to Route 11 and County Highway 208 (as it existed before these changes were made) has been unreasonably restricted. Reasonable access to a...
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...3 L.Ed.2d 1546 (1959), Northern Lights Center v. State, 20 A.D.2d 415, 247 N.Y.S.2d 333 (4th Dept., 1964), aff'd 15 N.Y.2d 688, 256 N.Y.S.2d 134, 204 N.E.2d 333 (1965), cert. den'd 382 U.S. 826, 86 S.Ct. 60, 15 L.Ed.2d 71 (1965), Bopp v. State, 19 N.Y.2d 368, 280 N.Y.S.2d 135, 227 N.E.2d 37......
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...59, 61 (1961); Northern Lights Shopping Center, Inc. v. State, 20 A.D.2d 415, 247 N.Y.S.2d 333 (1964), affirmed 15 N.Y.2d 688, 256 N.Y.S.2d 134, 204 N.E.2d 333 (1965); Bopp v. State, 19 N.Y.2d 368, 280 N.Y.S.2d 135, 227 N.E.2d 37 (1967). But see Priestly v. State, 23 N.Y.2d 152, 295 N.Y.S.2......
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...(Northern Lights Shopping Ctr. v. State of New York, 20 A.D.2d 415, 421, 247 N.Y.S.2d 333 [1964], affd. 15 N.Y.2d 688, 256 N.Y.S.2d 134, 204 N.E.2d 333 [1965], cert. denied 382 U.S. 826, 86 S.Ct. 60, 15 L.Ed.2d 71 [1965] ; see Randall v. State of New York, 75 A.D.2d 906, 906–907, 427 N.Y.S.......
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