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49 WB LLC v. VIL. HAVERSTRAW

44 A.D.3d 226 (2007)

839 N.Y.S.2d 127

In the Matter of 49 WB, LLC, Petitioner, v. VILLAGE OF HAVERSTRAW et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 2007.

Attorney(s) appearing for the Case

Feerick Lynch MacCartney PLLC, South Nyack (J. David MacCartney of counsel), for petitioner.

Watkins & Watkins, LLP, White Plains (John E. Watkins, Jr., and Liane V. Watkins of counsel), for respondents.

MILLER, J.P., SPOLZINO and FISHER, JJ., concur.

OPINION OF THE COURT

DILLON, J.

The decision of the United States Supreme Court in Kelo v New London (545 U.S. 469 [2005]) has reshaped, in certain respects, the concept of eminent domain. For the first time, the Supreme Court held that a municipality's taking of nonblighted private property by eminent domain, in furtherance of a plan for economic development that would be open for use by the general public, constitutes...

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