No. 22-1149

Pacific Carlton Development Corp., et al. v. New York State Urban Development Corporation, dba Empire State Development Corporation

Lower Court: New York
Docketed: 2023-05-26
Status: Denied
Type: Paid
Experienced Counsel
Tags: certificate-of-occupancy certificates-of-occupancy due-process eminent-domain fifth-amendment government-regulation government-seizure property-rights takings
Key Terms:
Takings FifthAmendment DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Are government-issued attributes of private property entitled to constitutional protection under the Fifth Amendment when seized via eminent domain?

Question Presented (from Petition)

QUESTION PRESENTED A New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially used for office space, included a useable basement of over 13,000 square feet, which had a government-issued certificate of occupancy. During eminent domain proceedings, the lower court ignored the certificate of occupancy’s determination of a usable basement as a valued property interest. The question presented is: 1. Are government-issued attributes of private property (e.g., certificates of occupancy, building permits, business permits) entitled to constitutional protection under the Fifth Amendment when they are seized under the government’s eminent domain power, just as they are presently entitled to constitutional due process protection under the Fourteenth Amendment?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-06-26
Brief of respondent New York State Urban Development Corporation d/b/a Empire State Development Corporation in opposition filed.
2023-05-24
2023-03-28
Application (22A841) granted by Justice Sotomayor extending the time to file until May 24, 2023.
2023-03-23
Application (22A841) to extend the time to file a petition for a writ of certiorari from April 5, 2023 to May 24, 2023, submitted to Justice Sotomayor.

Attorneys

New York State Urban Development Corporation d/b/a Empire State Development Corporation
Kenneth J. ApplebaumApplebaum Katz Brodsky PLLC, Respondent
Kenneth J. ApplebaumApplebaum Katz Brodsky PLLC, Respondent
Pacific Carlton Development Corp. and 535 Carlton Avenue Realty Corp., et al.
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner
Erick G. KaardalMohrman, Kaardal & Erickson P.A., Petitioner