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KURTZ v. VERIZON NEW YORK, INC.

Docket No. 13-3900-cv.

758 F.3d 506 (2014)

Jack KURTZ, on behalf of himself and all others similarly situated, Joseph Grillo, husband, Vivian Grillo, wife, Jeff Michaels, husband, Barbara Michaels, wife, 31-1130th Ave LLC, Agrinios Realty Inc., K.A.P. Realty Inc., Linda Davis, Peter Blidy, Vasilios Chrysikos, 3212 Astoria Blvd. Realty Corp., MNT Realty LLC, Anthony Cardella, Brian Cardella, 46-06 30th Avenue Realty Corp., Catherine Piccione, Cromwell Assoc., LLC, Plaintiffs-Appellants, v. VERIZON NEW YORK, INC., FKA New York Telephone Company, Verizon Communications Inc., Ivan G. Seidenberg, Lowell C. McAdam, Randall S. Milch, John Does, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 16, 2014.

Attorney(s) appearing for the Case

David M. Wise , Law Offices of David M. Wise, P.A., Cranford, NJ, for Plaintiffs-Appellants.

Patrick F. Philbin ( John S. Moran , on the brief), Kirkland & Ellis LLP, Washington, DC, for Defendants-Appellees.

Before: JACOBS, CALABRESI and LIVINGSTON, Circuit Judges.

DENNIS JACOBS, Circuit Judge:

New York allows telecommunications companies to exercise the state's eminent domain powers to facilitate the construction and maintenance of telecommunications networks. Property owners are compensated by the company under the procedures outlined in state law. A putative plaintiff class alleges that Verizon installed multi-unit terminal boxes on their property without just compensation, and cites procedural due process violations in connection...

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