Wednesday, December 07, 2005

N.Y. Court Ruling Raises Hopes on Eminent Domain

The New York Sun reports:
The U.S. Court of Appeals for the 2nd Circuit on Monday ruled that the village of Port Chester, N.Y., failed to properly alert a New York businessman of his right to challenge an eminent domain decision before it seized his four buildings on Main Street. It then gave a private developer the green light to erect a Stop & Shop parking lot where his four office buildings had stood.

The decision, which came after five years of litigation, doesn't mean customers will be forced to stop scouring the aisles of the new Port Chester Stop & Shop anytime soon. Nor does it mean that the plaintiff, William Brody, necessarily will be awarded damages.
Read about the post-Kelo world in New York state.