preview

Kaur V. New York State Urban Development Corp Case Study

Decent Essays

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

Get Access