City of Buffalo, Appellant-Respondent v. J. W. Clement Company, Inc., (Correct Corporate Name J. W. Clement Company)

Summary

The New York Court of Appeals held that the City of Buffalo's actions did not constitute a de facto taking of J. W. Clement Company's property, affirmed the award of moving expenses, eliminated the 4% interest award, reinstated the $84,000 award for non‑removable machinery, and remanded for a new trial on valuation and additional costs. The decision rests on a strict definition of de facto taking and on established principles of just compensation.