Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> inversecondemnation

Real Estate & Property Law

: inversecondemnation

A Very Good Summary Of The Columbia Eminent Domain Cert Petition Issues

By Robert Thomas

<blockquote>On his indispensable blog <em><a href="http://atlanticyardsreport.blogspot.com/" target="_self">Atlantic Yards Report</a></em>, journalist Norman Oder has posted a <a href="http://atlanticyardsreport.blogspot.com/2010/12/in-effort-to-get-supreme-court-to-hear.html" target="_self">comprehensive summary</a> of the issues in the <a href="http://www.inversecondemnation.com/inversecondemnation/2010/12/final-cert-stage-brief-in-columbia-eminent-domain-case.html" target="_self">Columbia eminent domain case</a>, which is scheduled to be considered at the Supreme Court's conference this Friday, December 10, 2010.</blockquote> <blockquote>In <em><a href="http://atlanticyardsreport.blogspot.com/2010/12/in-effort-to-get-supreme-court-to-hear.html" target="_self">In effort to get Supreme Court to hear Columbia eminent domain case, AY precedent and New York practices seen as outliers favoring condemnors</a></em>, Oder writes: <blockquote>The Columbia University expansion case should reach a reckoning this week at the U.S. Supreme Court, which, if in the unlikely case it accepts the appeal, could place a check on eminent domain as practiced in New York State.<br /><br />As I <a href="http://atlanticyardsreport.blogspot.com/2010/09/petition-asking-supreme-court-to-hear.html">wrote</a> in September, after seeing a surprising Appellate Division victory <a href="http://atlanticyardsreport.blogspot.com/2010/06/court-of-appeals-citing-precedent-in.html">overturned unanimously</a> by the state Court of Appeals, which relied on its Atlantic Yards decision, Tuck-It-Away owner Nick Sprayregen and the Kaur/Singh family are trying to get to the Supreme Court.</blockquote> <blockquote>...</blockquote> <blockquote>It's always a long shot to get a case to the U.S. Supreme Court. Plaintiffs in the federal Atlantic Yards eminent domain case were <a href="http://atlanticyardsreport.blogspot.com/2008/06/supreme-court-denies-ay-eminent-domain.html">rejected</a> in June 2008, though one justice, the conservative Samuel Alito stated that he would've granted the petition.<br /><br />As I wrote at the time, a decision to reject does not mean that the cases below were decided correctly, just that the appeal didn't present enough issues of law--conflicts in the interpretation of the Supreme Court's highly contested 6/23/05 Kelo v. New London decision--to merit review.<br /><br />However, with some two-and-a-half years for additional cases that seemingly clash with Kelo to emerge, the petitioners in the Columbia case have a somewhat better shot.</blockquote> </blockquote> <blockquote>The entire <a href="http://atlanticyardsreport.blogspot.com/2010/12/in-effort-to-get-supreme-court-to-hear.html" target="_self">post</a> is worth reading.<br /></blockquote>

Full post as published by inversecondemnation on December 15, 2010 (boomark / email).