Read this opinion: Kaur v. New York State Urban Dev. Corp., 2009 NY Slip Op 08976 (Dec. 3, 2009).

The New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of the record reflected overwhelming private benefit:

In this case, the record overwhelmingly establishes that the truebeneficiary of the scheme to redevelop Manhattanville is not thecommunity that is supposedly blighted, but rather Columbia University,a private elite education institution. These remarkably astonishingconflicts with Kelo on virtually every level cannot be ignored, and render the taking in this case unconstitutional. 

We covered the case here and here. The NY Times report is here, and the Columbia U newspaper reports here.

More, after a chance to digest the opinion.

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