"The highest, best and most profitable use of the propertieswould have resulted in the construction of residential rental andcondominium development, with ground and second floor retaildevelopment," Tolub wrote in his August 28 ruling. Given that,"there is simply no question" that the three northernmost parcelsalong lower Broadway between Fulton and John streets "would haveconstituted an assemblage, and that the parties would have enteredinto a zoning lot merger, transferring the development rights.These lots were, for all intents and purposes, under commonownership and control."

That common ownership of the four properties on these parcelscame from the Reformed Protestant Church of the City of New York,the fee owners of 192, 198 and 204-210 Broadway; and fromBrookfield Properties, which entered into a joint venture with thechurch on ownership of 200 Broadway. Brookfield and the church haddiscussed an assemblage of these parcels well before the MTA'seminent domain seizure of the properties in March 2006, Tolubwrote. All have since been demolished.

According to Tolub's ruling, the church had also been in activenegotiations with the Riese Organization, which owned 194 Broadway,for developmental rights prior to the MTA's taking the property.Based on comparable sales that took place in early 2006, Tolubordered the MTA to pay the Rieses $35.2 million for 194 Broadway,and to pay the church and Brookfield a total of $106.5 million forthe four other properties.