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GOLDSTEIN v. PATAKI

Docket No. 07-2537-cv.

516 F.3d 50 (2008)

Daniel GOLDSTEIN, Jerry Campbell, as the putative administrator of the estate of Oliver St. Clair Stewart and in his individual capacity, Gelin Group, LLC, Chadderton's Bar and Grill, Inc., d/b/a Freddy's Bar and Backroom, Maria Gonzalez, Jackie Gonzalez, Yesenia Gonzalez, Huda Mufleh-Odeh, Jan Akhtar, David Sheets, Peter Williams Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific Carlton Development Corp., Aaron Piller, and Rockwell Property Management, LLC, Plaintiffs-Appellants, v. Governor George E. PATAKI, New York State Urban Development Corporation, d/b/a Empire State Development Corporation, Bruce C. Ratner, James P. Stuckey, Forest City Enterprises, Inc., Forest City Ratner Company, Ratner Group, Inc., BR FCRC, LLC, BR Land, LLC, FCR Land, LLC, Brooklyn Arena, LLC, Atlantic Yards Development Company, LLC, Michael Bloomberg, Daniel Doctoroff, Andrew M. Alper, Joshua Sirefman, City of New York, New York City Economic Development Corporation, Empire State Development Corporation, and Charles A. Gargano, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 1, 2008.

Attorney(s) appearing for the Case

Matthew D. Brinckerhoff (Andrew G. Celli, Jr., Eric Hecker, of counsel), Emery Celli Brinckerhoff & Abady LLP, New York, NY, Jennifer Levy, South Brooklyn Legal Services, Brooklyn, NY, for Plaintiffs-Appellants.

Preeta D. Bansal (Douglas M. Kraus, of counsel) Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, (on behalf of the Empire State Development Corporation appellees), Laura R. Johnson, Assistant Solicitor General, Barbara D. Underwood, Solicitor General, Benjamin N. Gutman, Deputy Solicitor General for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, (on behalf of the New York State appellees), Jeffrey R. Braun, Karen L. Mintzer, Kerri B. Folb, Jessica J. Glass, Kramer Levin Naftalis & Frankel LLP, Richard G. Leland, Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, (on behalf of the Forest City Ratner appellees), Jane L. Gordon, Edward F.X. Hart for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, (on behalf of the New York City appellees), for Defendants-Appellees.

Before: JACOBS, Chief Judge, KATZMANN and LIVINGSTON, Circuit Judges.

KATZMANN, Circuit Judge:

Few powers of government have as immediate and intrusive an impact on the lives of citizens as the power of eminent domain. For affected property owners, monetary compensation may understandably seem an imperfect substitute for the hardships of dislocation and the loss of a home or business. But federal judges may not intervene in such matters simply on the basis of our sympathies. Just as eminent domain has its costs, it has its benefits...

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