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A press release from Develop Don’t Destroy Brooklyn links to the opening brief filed recently by the property owners who object to the taking of their property for the Atlantic Yards “redevelopment” project in Brooklyn in Goldstein v. New York State Urban Dev. Corp.
Here’s the summary of the issues presented in the brief:
These past few days, I’ve been attending the annual meeting of the ABA in Chicago. It was a chance to meet new colleagues, associate faces with those whom I’ve only had e-contact, and reacquaint myself with old friends.
I’m also the new Chair of the Condemnation Law Committee of the State & Local Government
Years ago, during a brief foray in the army, we employed a pretty simple job description: shoot, move, and communicate. This same axiom is an apt summary of our core mission as lawyers: win the case, go where the action is, and keep in contact — both with clients and the public.
The old
In Cloverleaf Realty of New York, Inc. v. Town of Wawayanda, No. 07-3405-cv (July 15, 2009), the Second Circuit held that a dismissal by a state court on statute of limitations ground does not preclude the plaintiff from bringing the same claim in a federal court which has a longer statute of limitations.
Needing
When considering a redevelopment authority’s condemnation of what is assumed by all litigants to be a valuable leasehold interest, how does a court determine the lessee is owed nothing, and conclude that nothing is “just” compensation (and indeed, the lessee must pay back the compensation it was previously paid, plus interest)?
Eminent domain mavens already
If you’re heading to the ABA annual meeting later this week in Chicago, I’ll be (mostly) at the Section of State & Local Government Law sessions. Stop by an say hello — I’ll probably be the guy in the back of the room on his netbook.
Mr. Thomas, along with his colleagues in Damon Key’s Land Use Group, is one of the preeminent land use lawyers in Hawaii.
He focuses on issues involving appeals, regulatory takings, eminent domain, water rights, land use (zoning and planning), shoreline issues, navigational servitudes, and voting rights.
He has tried cases and appeals in
In a notable case worth following, the Hawaii Intermediate Court of Appeals is considering a new appeal involving whether a per se regulatory takings claim is ripe under Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), and whether in order to ripen a takings claim, a property
“Would that John Adams could rise from his grave tospeak for the VFW, and for property rights in twenty-firstcentury America. I believe he would observe that, if the VFW’sproperty can be taken without compensation, no property issecure.”
So says the dissenting Justice in City of Milwaukee Post No. 2874 Veterans of Foreign Wars