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Peter Williams Enterprises, Inc et al. v. Empire State Development Corporation

Article 78 Petition to
Compel the ESDC to Issue New Determinations and Findings

Under the New York State Eminent Domain Procedure Law
Filed January 19, 2010 in Manhattan State Supreme Court
Petitioners
Peter Williams Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific Carlton Development Corp., Daniel Goldstein, and Chadderton's Bar and Grill, Inc., d/b/a Freddy's Bar and Backroom

> Petition (Filed December 19, 2009)

> Memorandum of Law (Filed January 28, 2010)

> Memorandum Of Law In Opposition To Respondent’s Motion To Dismiss And For A Trial Preference And In Support Of Petitioners’ Cross-Motion For Leave To Interpose An Amended Petition (Filed Feb. 22, 2010)

> Cross-Motion For Leave To Interpose An Amended Petition (Filed Feb. 22, 2010)

Respondents
Empire State Development Corporation





> Notice of Motion to Dismiss

> Motion to Dismiss
 
ARTICLE 4 (Condemnation) PETITION
FILED BY
EMPIRE STATE DEVELOPMENT CORPORATION
TO TAKE TITLE TO PROPERTIES FOR THE ATLANTIC YARD PROJECT
BY EMINENT DOMAIN

Argued in Brooklyn Supreme Court
in front of Judge Abraham Gerges
January 29, 2010

Judge Gerges issued his opinion on March 1, 2010

Press Statement on Gerges' Opinion

Analysis of the Opinion from the Atlantic Yards Report

Coverage of the oral argument from the Atlantic Yards Report

Atlantic Yards Report on the motion to dismiss
Petitioners
Empire State Development Corporation

> Petition (Filed December 23, 2009)
Respondents
Peter Williams Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific Carlton Development Corp., Daniel Goldstein, and Chadderton’s Bar and Grill, Inc., d/b/a Freddy’s Bar and Backroom

> Opposition to Petition (Filed 1/27/2010)

> Motion to Dismiss (Filed 1/28/2010)
 

Goldstein et al. v. Empire State Development Corporation

MOTION TO REARGUE APPEAL AND/OR
HOLD MOTION IN ABEYANCE PENDING
HEARING AND DETERMINATION OF RELATED APPEAL

Filed in the Court of Appeals on December 11, 2009
(Motion Denied on February 18, 2010 Without Comment)

Appellants/Petitioners
DANIEL GOLDSTEIN, PETER WILLIAMS, ENTERPRISES, INC., 535 CARLTON AVE. REALTY CORP., PACIFIC CARLTON DEVELOPMENT CORP., THE GELIN GROUP, LLC, CHADDERTON’S BAR AND GRILL INC., d/b/a FREDDY’S BAR AND BACKROOM, MARIA GONZALEZ, JACKIE GONZALEZ, YESENIA GONZALEZ, and DAVID SHEETS

> Motion to Reargue


Respondents
Empire State Development Corporation

> Opposition to Motion


In the Court of Appeals

Goldstein et al. v. Empire State Development Corporation



Court of Appeals Ruled Against Property Owners and Tenants
On November 24, 2009
[ Press Release and Ruling ]

New York State has not yet attempted to take titles to properties.
The plaintiffs plan to litigate to stop that from happening.

Letter from Court of Appeals Outlining Briefing and Argument Schedule
June 29, 2009
Press Release

Argument in the Court of Appeals
October 14, 2009. 2pm.
20 Eagle Street
Albany, NY.


Courtesy of the tireless, dedicated folks at Freddy's Brooklyn Roundhouse,
the complete October 14 Court of Appeals eminent domain argument for
Goldstein et al. v. Empire State Development Corporation


Petitioners-Appellants:
Daniel Goldstein; Peter Williams Enterprises,
Inc.; 535 Carlton Ave. Realty Corp.; Pacific
Carlton Development Corp.; The Gelin Group, Llc; Chadderton’s Bar and Grill Inc., d/b/a Freddy’s Bar And Backroom; Maria Gonzalez; Jackie Gonzalez; Yesenia Gonzalez; David Sheets

Appellants' Brief
(Filed July 31, 2009)

Appellants' Reply Brief
(Filed September 25, 2009)

Respondent:
New York State Urban Development Corporation d/b/a Empire State Development
Corporation





Respondent's Brief
(Filed September 10, 2009)

Amicus Briefs:

Institute for Justice
(Filed September 4, 2009)

Fifth Avenue Committee, Pratt Area Community Council, Prospect Heights Neighborhood Development Council
(Filed September 4, 2009)

Willets Point United, Inc.
(Filed September 4, 2009)

Amicus Briefs:

City of New York
(Filed September 4, 2009)
Notice of Appeal to the Court of Appeals on Constitutional Grounds
(Filed June 12, 2009)

Preliminary Appeal Statement
Cover Letter
(Filed June 19, 2009)
Letter to the Court
(Filed June 15, 2009)
Goldstein et al. v. Empire State Development Corporation

Eminent Domain Lawsuit

May 15, 2009
Court Ruling in Favor of State of NY

Plaintiffs will Appeal - Press Release

Court Ruling - May 15, 2009

Goldstein et al. v. Empire State Development Corporation
In the Supreme Court, Appellate Division, 2nd Department (Brooklyn)

August 1st: Petition filed in the Appellate Division Second Department of New York State Supreme Court under EDPL 207.

> Press Release
(August 1, 2008)

> ESDC Denied Motion to Dismiss (September 25, 2008 - Court Order)

Click for all case files

February 23, 2009: Appellate Divsion Court Argument
News coverage of the argument:

In a swift half-hour, eminent domain argument touches on balance of public and private benefit--but not much more
— Atlantic Yards Report

Lawsuit asks Ratner: So, how much profit WILL you make on Atlantic Yards?
— The Brooklyn Paper

Arena opponents: New York violated eminent domain laws
— The Bergen Record

At Supreme Atlantic Yards Hearing, Questions of Process
— The New York Observer
Petitioners:
Daniel Goldstein; Peter Williams Enterprises,
Inc.; 535 Carlton Ave. Realty Corp.; Pacific
Carlton Development Corp.; The Gelin Group, Llc; Chadderton’s Bar and Grill Inc., d/b/a Freddy’s Bar And Backroom; Maria Gonzalez; Jackie Gonzalez; Yesenia Gonzalez; David Sheets

> Petition
(Filed: August 1, 2008)
Respondent:
New York State Urban Development Corporation d/b/a Empire State Development
Corporation
Briefs
> Petitioners' Brief
(Filed November 28, 2008)

> Petitioners' Reply Brief
(Filed December 29, 2008)

> Respondent's Opposition Brief
(Filed December 19, 2008)

Motion to Dismiss
> Opposition to Motion to Dismiss ESDC Filed a Motion to Dismiss
> Motion to Dismiss
(August 20, 2008)

> Reply to Opposition
Court Order Denying ESDC Motion to Dismiss

Press:

It’s unconstitutional! Yards foes pull out new ace in the hole (Brooklyn Paper)



The US Supreme Court declined to grant cert and accept the plaintiffs's case. The plaintiffs' will shortly file their eminent domain claims in state court, in the appellate divsion.

June 23, 2008 Press Release on the Court's order.
Supreme Court Denies Eminent Domain Petition
From Owners & Tenants Facing Property Seizures for Atlantic Yards

11 Property Owners and Tenants Will Take Their Case to
NY State Court To Challenge the Improper Use of
Eminent Domain Under New York State Law

Federal Eminent Domain Lawsuit
Goldstein v. Pataki
On March 31, 2008
11 Plaintiffs Filed a Petition for a Writ of Certiorari

Property Owners and Tenants Ask the
Supreme Court of the United States to
Hear Their Atlantic Yards Eminent Domain Case

Click to Download Petition (with appendix)

Click to Download Petition (without appendix)

(Docket # 07-1247)

> Defendants' (Empire State Development Corporation & NYC) Opposition (May 16)

> Plaintiffs' Reply to Defendants' Opposition (June 3)

> Brief amicus curiae of Institute for Justice (May 2)

QUESTIONS PRESENTED TO THE COURT
Is the Court’s statement that the Public Use Clause prohibits the taking of “property under the mere pretext of a public purpose, when [the] actual purpose [is] to bestow a private benefit,” Kelo v. City of New London, 545 U.S. 469, 478 (2005), a rule of general application, or is it limited to takings justified solely on economic development grounds?

Does the substantial deference afforded to legislative public use determinations under Hawaii
Hous. Auth. v. Midkiff
, 467 U.S. 229 (1984), apply to non-legislative condemnation decisions?

What are the elements of a Public Use Clause claim, and how should such a claim be evaluated on a motion to dismiss, given the tension between Kelo’s assurance that “purpose” and “pretext” matter and Midkiff’s statement that courts should defer to a legislative taking that appears “rationally related to a conceivable public purpose”?
Press coverage of the petition to the Supreme Court:

Kelo sequel to Court
Lyle Denniston. SCOTUS Blog

Atlantic Yards heads to Supreme Court
Eleven property owners and tenants filed a petition this week asking the U.S. Supreme Court to hear their eminent domain appeal.
Crain's New York Business. Kira Bindrim.

Group wants Supreme Court to hear Atlantic Yards case
AP (Newsday)

AY eminent domain appeal asks the Supreme Court to clarify Kelo decision
Atlantic Yards Report

Atlantic Yards May Prompt Supreme Court To Revisit Eminent Domain
NY Sun. Joseph Goldstein.

Cert Petition in Goldstein v. Pataki: How to Plead Kelo Pretext inversecondemnation.com
Original complaint filed October 26, 2006 in the
United States District Court for the Eastern District of New York
Case Files (PDFs) Complaint Motion to Dismiss Appeal
PLAINTIFFS

Daniel Goldstein, Maria Gonzalez, Jerry Campbell, Yesenia Gonzalez, David Sheets,
Jackie Gonzalez, Aaron Piller, Peter Williams
Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific Carlton Development Corp., Chadderton’s Bar and Grill, Inc., Gelin Group, LLC, and Rockwell Property Management, LLC.

DEFENDANTS

George E. Pataki, New York State Urban Development Corporation, Bruce C. Ratner,
James P. Stuckey, Forest City Enterprises, Inc., Forest City Ratner Company, Ratner Group, Inc., BR FCRC, LLC, BR Land, LLC, FCR Land, LLC, Brooklyn Arena, LLC, Atlantic Yards Development Company, LLC, Michael Bloomberg, Daniel Doctoroff, Andrew M.Alper, Joshua Sirefman, City of New York and New York City Economic Development Corporation.

Case Rulings and History
(Plaintiffs will be asking the US Supreme Court to Hear Their Appeal)

Complaint - filed October 26, 2006

Magistrate Judge Robert M. Levy's Report &
Recommendation to presiding Judge Nicholas Garaufis (Feb. 23, 2007)


Presiding Judge Nicholas Garaufis' Memorandum and Order on Motion to Dismiss
(June 6, 2007)


US 2nd Circuit Court of Appeals Opinion on Motion to Dismiss
(February 1, 2008)

Appeal to 2nd Circuit Court of the District Court's Decision on the Motion to Dismiss
(Filed July 31, 2007)
(Oral argument scheduled for Oct. 9, 10am.)

US 2nd Circuit Court Opinion (February 1, 2008)
PLAINTIFFS
Appeal Brief to the United States 2nd Circuit Court of Appeals
(Filed July 31, 2007)
ESDC (Filed August 31, 2007)
Appellee's Response Brief

State of NY (Filed August 31, 2007)
Appellee's Response Brief

City of NY
(Filed August 31, 2007)
Appellee's Response Brief

Forest City Ratner
(Filed August 31, 2007)
Appellee's Response Brief
Motion to Dismiss (Filed December 15, 2006)
PLAINTIFFS
Memorandum of Law in Opposition to Defendants' Motion to Dismiss
(Filed January 5, 2007)

Amended Complaint
(Filed January 5, 2007)

Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Supplemental EDPL Claims
(Filed January 26, 2007)

Oral arguments are scheduled for Wednesday, February 7, 2007 at 2:00 p.m. in United States District Court:
Eastern District of New York
225 Cadman Plaza East
Courtroom 4D



ESDC
Dismissal Memorandum of Law
Notice of Motion
Affidavit on Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

Reply in Support of Motion to Dismiss Fourth Cause of Action in Amended Complaint
(Filed February 1, 2007)

State of NY
Dismissal Memorandum of Law
Notice of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

City of NY
Dismissal Memorandum of Law
Notice of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

Forest City Ratner
Dismissal Memorandum of Law
Notice of Motion
Declaration of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)
Report & Recommendation Re: Motion to Dismiss (Issued February 23, 2007)

Magistrate Judge Robert M. Levy's Report & Recommendation to presiding Judge Nicholas Garaufis

Friday, March 30, 2007. 11 AM
Hearing on Magistrate Levy's Report & Recommendation
United States District Court, Eastern District of New York
225 Cadman Plaza East.
Room 4D

PLAINTIFFS
Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 9, 2007)

Memorandum of Law in Response to Defendants' Objections to Magistrate Judge Levy's Report & Recommendation (on ripeness and Younger abstention)
(Filed March 23, 2007)

Plaintiffs' Reply in Further Support of their Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 28, 2007)
ESDC
Objections to Magistrate Judge Levy's Report & Recommendations (on ripeness and Younger abstention) (Filed March 9, 2007)

Memorandum of Law in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)

Defendants' Reply in Further Support of their Objections to Magistrate Judge Levy's Report & Recommendation (on ripeness and Younger abstention)
(Filed March 28, 2007)

City of NY
MOL in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)

Forest City Ratner
MOL in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)
Press coverage of the arguments:

Eminent domain case gets serious consideration in court (but the press mostly passes)
Norman Oder. Atlantic Yards Report. March 31.

Procedural arguments return as eminent domain case hearing approaches
Norman Oder. Atlantic Yards Report. March 29.

Judge Poses Tough Questions to Atlantic Yards Backers
Joseph Goldstein. NY Sun. February 8.

“Public purpose” enters uncharted territory in marathon eminent domain “seminar”
Norman Oder. Atlantic Yards Report. February 8.

Opening salvos fired in Atlantic Yards case
Patrick Arden. Metro NY. February 8.

Atlantic Yards fight in court as mayor weighs in
Michael Clancy. amNewYork. February 8.

Yards Ball Now In Judge's Court
Nik Kovac. Brooklyn Downtown Star. February 15.