Kaur v. New York State Urban Development Corporation 933 N.E.2d 721 Court of Appeals of New York (2010) Parties: Parminder Kaur & Amanjit Kaur (Petitioners) v. New York State Urban Development Corporation (Respondent) Facts: Parminder Kaur and Amanjit Kaur owned a gasoline service station in the West Harlem neighborhood of Manhattan, and it was located on 17 acres of land that Columbia University wanted for a new urban campus. The Kaurs refused Columbia’s entreaties to sell their targeted property. In 2001, Columbia’s development team approached New York City’s Economic Development Commission (EDC) with its new campus project, the city then funded two studies of the West Harlem neighborhood over the next few years. One study focused on the …show more content…
The court ruled in favor of the petitioners and ordered that the ESDC’s determination be annulled. The ESDC then appealed the Supreme Court of New York’s decision to New York’s highest court. Arguments of the Parties: The petitioners’ main argument was that, under article 1 of the N.Y. Constitution, the Project approved by ESDC was unconstitutional because it was not for the purpose of putting properties to public use. The ESDC argued that the new campus properly qualified as a civic project within the meaning of the Urban Development Corporation Act. Issue: Is the development of a new campus supported by a sufficient public use, benefit, or purpose? Judgement/Disposition: Yes, the order of the Appellate Division that invalidated the ESDC’s determination was reversed, with costs, and the petitions were dismissed. Reasoning: The court referenced Matter of Goldstein, in this matter the court reaffirmed the long-standing doctrine that the role of the Judiciary is limited in reviewing findings of blight in eminent domain proceedings. They court found that expansion of private university could qualify as a civic purpose and that the UDC actually encourages in projects by private entities. They concluded that the Project’s purpose was to promote education and academic research while providing public benefits to the local
The majority opinion I feel like changed the way they looked at the Fifth Amendment to the best public purpose not the best public use of the land in order to justify their ruling. I also feel like their ruling left the door open to many more eminent domain cases because they didn’t create a fine line between what was to be considered to be legal and illegal. I feel like the minority was also correct in saying that this will be considered the norm and therefor taking away the rights given to property owners through the constitution. I also couldn’t find anywhere that it was stated that there were negotiations for the property; I did find in an article that the plaintiffs in the case were not hold outs. Either the NLDC should have purchased the property rights from the owners or the City of New London should have to achieve the most efficient
Title: Ginsburg v. City of Ithaca and Cornell University et al., 839 F. Supp. 2d. 537 (N.D.N.Y. 2012).
The NCAA moved to dismiss this complaint for summary judgment and the result was that the district court granted this motion.
Decision: The court ruled against the school district and upheld the establishment clause of the first
favor. The case had yet again been appealed, and this time the Supreme Court is
Respondent understudies brought an activity against applicant school area affirming infringement of the Foundation Clause of U.S. Const. change. I (Establishment Clause) for candidate's approach of understudy drove petition earlier to class football games. The trial court urged candidate from actualizing the arrangement as it stood, yet allowed an altered strategy. Both sides bid. The re-appraising court asserted, with changes, holding that both strategies disregarded the Establishment Clause. Candidate requested of for a writ of certiorari, guaranteeing its approach did not abuse the Foundation Clause on the grounds that the football game messages were private understudy discourse, not open discourse. The Court confirmed, holding that the re-appraising court appropriately verified that applicant's strategies disregarded the Establishment Statement on the grounds that the football game messages were open discourse approved by an administration approach and occurring on government property at government-supported school-related occasions, and on the grounds that the substances of solicitor's approach included both saw and real government support of the conveyance of supplication at vital school
Facts: New London used their authority to take other individuals private property to try and sell them to some other private developers. The city of New London also thought that is was a great idea so that it could promote new jobs and that the tax revenues could increase. Kelo whose property was taken from them along with others ended up suing New London in the state court. The owners of the property’s that was taken believed that their Fifth Amendment right was violated, which gave them assurance the government couldn’t take their private property for the use of public without restitution. However the owners of the property put up a good argument about trying to take their private property to try and sell it to other private developers was
In 2005 one of the most divisive cases we had ever heard on the Supreme Court occurred—Kelo v. City of New London. After a decade of the 5-4 decision I still get questions about this case. By far eminent domain has been one of most complex and controversial aspects of in our nation’s history.
What did the appellate court rule? Did it agree with the trial court (affirm) or disagree (reverse)?
The U.S. Seventh Circuit Court of Appeals affirmed the lower court in denying Left Field’s motion for a preliminary injunction. The district court may now hear a request for a new hearing and a permanent injunction. The
A majority of my fellow judges’ decisions paralleled my thoughts on the matter, and it was determined that New London was able to legally acquire through the process of eminent domain. Since the 2005 supreme court case, other instances of eminent domain controversy have arisen, and the people of the city of New London has not reaped any sort of tangible benefits. With these new cases, and the subsequent development, or lack thereof in New London my opinion on the matter has changed entirely. It is my belief now that potential and realized economic development does not constitute approval for eminent domain action.
On the same day that the Fourth Circuit issued its decision, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, in Halbig v. Burwell (2015), reached the opposite conclusion, finding 2–1 that the ACA unambiguously restricts the…subsidy to insurance purchased on Exchanges “established by the State.” The D.C. Circuit’s decision, however, was vacated when that court agreed to hold an “en banc” hearing of the case before all judges of the court in December. Meanwhile, the appellants in King v. Burwell (2015), having decided not to seek an en banc hearing, filed a “writ of certiorari” or petition for review with the United States Supreme Court, which was granted on November 7, 2014, despite the fact that there was technically no disagreement between the two appellate courts on the central
About a month later, on January 25, 2013, the Muslim Advocates filed an opposition suit in response to the City’s motion to dismiss the lawsuit. Exactly a month after, the City replied back to the Muslim Advocate’s opposition suit in support of the motion to dismiss Hassan’s lawsuit. Based on the filed documents, District Court Judge William J. Martini, ruled in favor of the City of New York. The plaintiffs appealed to the Third Circuit Court who ruled in favor of the plaintiffs and as a result, remanded the case back to the District Court. As of January 15, 2016, the City of New York has filed an answer to the District Court’s complaint and is awaiting further response on behalf of the plaintiffs in this
The United States Supreme Court granted certiorari in this case, because they look at the benefit of the redevelopment of the community as superior to that of a view individuals. When it comes down to the United States weighing the balance between a few people in society versus society at large, society would always win mainly because it involves a larger number of people. It 's basically a decision in which the United States judged a situation and handles it in a way they believed to be what society calls the 'common good. ' It primarily consists "of having the social systems, institutions, and environments on which to depend on to work in a manner that benefits all people in many ways that includes a flourishing economic system" (Santa Clara University, 2014). It 's the reason the court argued that economic development was a function of the government, argues that in fact economic development is apart of public purposes, the reason they mentioned that the redevelopment promotes economic welfare in the United States, and emphasizes the great respect that the United States Supreme Court owe to state legislatures and state courts in discerning local public needs. The court was basically arguing from a common good point of view to let the plaintiffs know that their was an unequal balance of power in the numbers (with society versus themselves) and that redevelopment in general is a primary function of economic development in the United States. Therefore, certiorari was
Your points are valid and analysis is solid. I also believe that Martin should have better used his time and resources to prevent all these legal problems. Much like you, I have the same conclusion with the eminent domain claim as the city overstepped their boundary in reference to North Carolina General Statues § 40A-3 (2014), (North Carolina General Assembly, 2014a).