Kenford Co. v. County of Erie case brief summary
537 N.E.2d 176 (1989)
Appellant county challenged a judgment
of the Appellate Division of the Supreme Court in the Fourth Judicial
Department (New York), which affirmed a judgment in favor of
plaintiff corporate landowner, wherein it was awarded damages for
loss of anticipated profits from appreciation of the value of its
CASE FACTS The landowner had entered into an
agreement with the county wherein the landowner agreed to donate land
for a proposed stadium site. Thereafter, the landowner bought
property in the periphery of the site. When it was discovered that
the county underestimated the cost of building the stadium, the
contract was terminated. A jury awarded the landowner damages, but
the court held that the landowner was not so entitled.
found that there was no provision in the contract or evidence
otherwise to demonstrate that the parties contemplated that the
county was undertaking a responsibility for the lack of appreciation
in the landowner's peripheral parcels in the event the stadium was
The landowner assumed the risk that, if the stadium was
not built, its financial gain expectations would not be
The court reversed the judgment that the landowner was entitled to
damages for the loss of anticipated profits from the appreciation in
value of his lands. The court ordered the award stricken. Suggested law school study materials
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