Weingarten v. Town of Ossining
Opinion of the Court
In proceedings pursuant to article 7 of the Real Property Tax Law to review assessments (for purposes of taxation) on certain real property for the tax years 1975,1976 and 1977, the Town of Ossining, its assessor and board of review, appeal from a judgment of the Supreme Court, Westchester County (Burchell, J.), dated August 18, 1980, which reduced the assessments. Judgment reversed, on the law, without costs or disbursements, and matter remitted to Special Term for a new determination in accordance herewith. The subject property is an unimproved 21.91-acre parcel located in the Town of Ossining. The total assessed value for each of the three years under review was $192,300. The equalization rates, as stipulated by the parties, were 52.42% for 1975, 49.77% for 1976 and 46.17% for 1977. Petitioners’ expert valued the property at $88,000 for each of the tax years under review, while the town’s expert gave values of $323,000 for 1975, $343,000 for 1976, and $362,000 for 1977. Special Term, adopting the values given by petitioners’ expert and applying the stipulated equalization rates, reduced the assessments to $46,129 for 1975, $43,797 for 1976, and $40,629 for 1977. The property is zoned R-20, a designation permitting single-family residences on plots containing at least 20,000 square feet. In June, 1973, the zoning ordinance was amended to provide a “Designated Multiple Use Development” (DMUD) category which, in addition to any use previously allowed in an R-20 zone, also permitted attached single-family, townhouse condominium-type developments — this subject to the procurement of a specual use permit. The town’s expert expressed the view that, under DMUD zoning, an attached cluster housing development could yield 130 dwelling units. Moreover, he was so convinced that an application for such development would be approved that he valued the property as if such an application had in fact been made and approved. Nevertheless, since no such application was before any official agency, the town’s expert discounted his values on the assumption that it would take two years to obtain such approval. In contrast, although the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.