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BRODY v. VILLAGE OF PORT CHESTER

Docket No. 01-9219.

345 F.3d 103 (2003)

William BRODY, Plaintiff-Appellant, William V. Minnich, William J. Minnich, Minic Custom Woodwork, Inc., and St. Luke's Pentecostal Church, Inc., Plaintiffs, v. VILLAGE OF PORT CHESTER, Defendant-Appellee, Charles A. Gargano, in his official capacity as Chairman, President, and Chief Executive Officer of the New York Urban Development Corporation, d/b/a Empire State Development Corporation, Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 24, 2003.

Attorney(s) appearing for the Case

Dana Berliner, Institute for Justice, Washington, DC (William H. Mellor, Marni Soupcoff, Institute for Justice, on the brief, Martin Kaufman, Atlantic Legal Foundation, New York, NY, on the brief), for plaintiff-appellant.

Alan D. Scheinkman, Epstein, Becker & Green, P.C., New York, NY (Darryll A. Buford, J. William Cook, on the brief), for defendant-appellee.

Michael Rikon, Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York, NY, for amicus curie Michael Rikon.

Before: SACK and SOTOMAYOR, Circuit Judges, and DANIELS, District Judge.

SOTOMAYOR, Circuit Judge.

Plaintiff-appellant William Brody appeals from a judgment of the United States District Court for the Southern District of New York (Harold Baer, Jr., District Judge) granting summary judgment for defendant-appellee the Village of Port Chester ("the Village") on plaintiff's constitutional challenge to New York's Eminent Domain Procedure Law. See N.Y. Em. Dom. Proc. Law § 201, et seq. (Consol.2003) (hereinafter "EDPL...

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