In the Matter of DANIEL GOLDSTEIN et al., Appellants,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, Respondent.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued October 14, 2009.
Decided November 24, 2009.
Attorney(s) appearing for the Case
Emery Celli Brinckerhoff & Abady LLP, New York City (Matthew D. Brinckerhoff and Eric Hecker of counsel), and South Brooklyn Legal Services, Brooklyn (Jennifer Levy and John C. Gray, Jr., of counsel), for appellants.
Bryan Cave LLP, New York City (Philip E. Karmel, J. Kevin Healy, L. Margaret Barry and Ronald Joshua Bliss of counsel), and Berger & Webb, LLP (Charles S. Webb III and Kenneth J. Applebaum of counsel), for respondent.
Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York City (Michael Rikon of counsel), for Willets Point United, Inc., amicus curiae.
Institute for Justice, Arlington, Virginia (Jeff Rowes, Dana Berliner and Robert J McNamara of counsel), for Institute for Justice, amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen, Rita D. Dumain and Rochelle H. Cohen of counsel), for City of New York, amicus curiae.
L. Blake Morris Law Firm, Brooklyn (Kerry Fontana of counsel), for Fifth Avenue Committee and another, amici curiae.
Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge READ concurs in result in a separate opinion in which Judge PIGOTT concurs; Judge SMITH dissents in another opinion.
Court of Appeals of New York.
OPINION OF THE COURT
Chief Judge LIPPMAN.
We are asked to determine whether respondent's exercise of its power of eminent domain to acquire petitioners' properties for purposes of the proposed land use improvement project, known as Atlantic Yards, would be in conformity with certain provisions of our State Constitution. We answer in the affirmative.
On December 8, 2006, respondent Empire State Development...
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