27 Jul 2007
FINE TOWER ASSOCIATES LTD v. TOWN PLANNING BOARD
- Citation
- FINE TOWER ASSOCIATES LTD v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV356/2006
The Court held the appellant failed to prove that the Draft Outline Zoning Plan denied all economically viable or meaningful use of the lots; the lots remained marketable and usable under the proposed zoning, lease modification under Lands Department policy was a realistic prospect and relevant to the inquiry, and therefore there was no de facto deprivation requiring compensation; the appeal was dismissed and costs ordered nisi for the respondent.