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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.