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Home / Opinion Digests / Contract / Contract Settlement  –  Agreement – Appraisers – As Is vs. Highest & Best Use – Attorneys’ Fees – Agency (access required)

Contract Settlement  –  Agreement – Appraisers – As Is vs. Highest & Best Use – Attorneys’ Fees – Agency (access required)

  Where the parties’ settlement agreement clearly instructs the appraisers chosen thereunder that they are to assume “no material change in ... the use of [the country club’s] assets” while appraising plaintiff’s shares, the appraisers may not value the country club’s unused real estate assets at their highest and best use. Selling, re-deploying or changing the ...

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