A typically short and cryptic one from the Appellate Division, New York Supreme Court. But at least there's not a lengthy opinion standing between you and weekend.
In J. Owens Building Co., Inc. v. Town of Clarkstown, No. D45488 (May 27, 2015), the court concluded the town improperly divided up its downtown revitalization project into too many pieces before determining that it would not have an environmental impact. The court held that the town should not have looked only at the drainage and storm water management part of that plan, but should have considered it as part of the larger project. Consequently, the condemnation was invalid.
A good reminder that there's more than one way to skin a cat when it comes to challenging the power to take, and that we aren't limited to traditional "public use/purpose" theories.
J. Owens Building Co., Inc. v. Town of Clarkstown, No. D45488 (N.Y.A.D. May 27, 2015)