8 Sept 2008
FINE TOWER ASSOCIATES LTD v. TOWN PLANNING BOARD
- Citation
- FINE TOWER ASSOCIATES LTD v. TOWN PLANNING BOARD
- Court
- Court of Final Appeal
- Case number
- FAMV20/2008
In assessing deprivation under Article 105 the court must consider the factual reality including any reasonable prospect of lease modification and development potential; lawful planning restrictions imposed under the Town Planning Ordinance do not constitute a deprivation where the possibility of modification affects the land's present value, and the discretionary nature of modification does not of itself infringe Article 105.