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627 Smith St. Corp. v. Bureau of Waste Disposal of Department of Sanitation of City of New York

289 A.D.2d 472 (2001)

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627 Smith St. Corp. v. Bureau of Waste Disposal of Department of Sanitation of City of New York

New York Supreme Court Appellate Division

289 A.D.2d 472 (2001)

Facts

627 Smith Street Corporation (plaintiff) owned property on a canal directly opposite a waste-transfer station operated by the New York City Sanitation Department (defendant). Tugboats would tow two barges of trash in tandem into the canal such that the barges would either hit the bulkhead on the Smith Street property or come so close that the owners could not safely keep a boat along their portion of the canal. The transfer station towed tandem barges into the canal six times a day, six days a week. Smith Street’s owners tried to repair damage to the bulkhead and structures on it, only to have barges hit it again. The owners sued for inverse condemnation, arguing that the sanitation department had in fact appropriated Smith Street’s riparian right to access the canal. Experts testified as to the sales prices of comparable properties with and without riparian rights. The trial court concluded that the operation of barges effectively denied Smith Street its rights and calculated damages within the range of values the experts provided. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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