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JAMES SQ. ASSOC. LP v. MULLEN

Nos. 87, 88, 89, 90, 91.

21 N.Y.3d 233 (2013)

993 N.E.2d 374

970 N.Y.S.2d 888

2013 NY Slip Op 3935

JAMES SQUARE ASSOCIATES LP et al., Respondents, v. DENNIS MULLEN, Commissioner, New York State Department of Economic Development, et al., Appellants. In the Matter of J-P GROUP, LLC, Respondent, v. NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT et al., Appellants, et al., Respondent. In the Matter of MORRIS BUILDERS, LP, et al., Respondents, v. EMPIRE ZONE DESIGNATION BOARD et al., Appellants. In the Matter of HAGUE CORPORATION, Respondent, v. EMPIRE ZONE DESIGNATION BOARD et al., Appellants. In the Matter of WL, LLC, Respondent-Appellant, v. DEPARTMENT OF ECONOMIC DEVELOPMENT, Also Known as EMPIRE STATE DEVELOPMENT, et al., Appellants-Respondents.

Court of Appeals of New York.

Decided June 4, 2013.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Andrew D. Bing , Owen Demuth and Barbara D. Underwood of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Andrew D. Bing , Owen Demuth and Barbara D. Underwood of counsel), for appellants.

Bond, Schoeneck & King, PLLC, Syracuse ( Jonathan B. Fellows of counsel), for respondents.

Mosey Persico, LLP, Buffalo ( Jennifer C. Persico of counsel), for respondent.

Collier, Halpern, Newberg, Nolletti & Bock, LLP, White Plains ( Philip M. Halpern of counsel), for respondents.

Hodgson Russ LLP, Albany ( Michelle L. Merola and Christopher L. Doyle of counsel), for respondent.

Bousquet Holstein PLLC, Syracuse ( Robert K. Weiler , Philip S. Bousquet and Cecelia R.S. Cannon of counsel), for respondent-appellant.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The common question presented by these appeals is whether the retroactive application of the 2009 Amendments to the Empire Zones Program complies with the Due Process Clause of the Fifth Amendment. Evaluating these cases under the balancing test of Matter of Replan Dev. v Department of Hous. Preserv. & Dev. of City of N.Y. (70 N.Y.2d 451...

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