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  • Condemnation Law: Dismissal of Fixture Claim, Queens West (Hunters Point South) Project, Long Island City, NY

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Condemnation Law: Dismissal of Fixture Claim, Queens West (Hunters Point South) Project, Long Island City, NY

Carter Ledyard, acting as Special Condemnation Counsel to The City of New York, together with attorneys from the Corporation Counsel’s Office, obtained summary judgment dismissing a $20.7 million dollar fixture claim filed in connection with the acquisition of a tennis club facility by eminent domain related to the Hunters Point (Queens West) Waterfront Development Land Use Improvement Project. The court dismissed the fixture claim because the fee claimant was paid for the property based on a hypothetical highest and best use as a development site, which required destruction of the fixtures, and the fixture claimant, which was under common ownership and control with the fee claimant, was not entitled to additional compensation for the fixtures which would have to be destroyed to develop that alternate highest and best use. The court noted that although the owners of the fee and fixture were not identical, the overlapping interests required that the fee and fixture claimants be considered a single entity for the purpose of determining just compensation. 
 
Partner John R. Casolaro, counsel Lee A. Ohliger, and associate Chlo├ę D. Coravos, acting as co-counsel with Assistant Corporation Counsel Joseph Bavuso of the New York City Law Department, represented the City in this matter.

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