No. 22-1149
Pacific Carlton Development Corp., et al. v. New York State Urban Development Corporation, dba Empire State Development Corporation
Tags: certificate-of-occupancy certificates-of-occupancy due-process eminent-domain fifth-amendment government-regulation government-seizure property-rights takings
Key Terms:
Takings FifthAmendment DueProcess
Takings FifthAmendment DueProcess
Latest Conference:
2023-09-26
Question Presented (from Petition)
Are government-issued attributes of private property (e.g., certificates of occupancy, building permits, business permits) entitled to constitutional protection under the Fifth Amendment when they are seized under the government's eminent domain power, just as they are presently entitled to constitutional due process protection under the Fourteenth Amendment?
Question Presented (AI Summary)
Are government-issued attributes of private property entitled to constitutional protection under the Fifth Amendment when seized via eminent domain?
Docket Entries
2023-10-02
Petition DENIED.
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-06-26
Brief of respondent New York State Urban Development Corporation d/b/a Empire State Development Corporation in opposition filed.
2023-05-24
Petition for a writ of certiorari filed. (Response due June 26, 2023)
2023-03-28
Application (22A841) granted by Justice Sotomayor extending the time to file until May 24, 2023.
2023-03-23
Application (22A841) to extend the time to file a petition for a writ of certiorari from April 5, 2023 to May 24, 2023, submitted to Justice Sotomayor.
Attorneys
New York State Urban Development Corporation d/b/a Empire State Development Corporation
Kenneth J. Applebaum — Applebaum Katz Brodsky PLLC, Respondent
Pacific Carlton Development Corp. and 535 Carlton Avenue Realty Corp., et al.
Erick G. Kaardal — Mohrman, Kaardal & Erickson P.A., Petitioner