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Brody v. Port Chester, Village of

ELR Citation: 31 ELR 20863
Nos. No. 01-7201, 261 F.3d 288/(2d Cir., 08/08/2001)

The court vacates a preliminary injunction enjoining a New York town from proceeding with its condemnation action against a landowner. The city sought to condemn the landowner's property as part of its redevelopment plan for the city's downtown and waterfront area. The owner argued, and a district court agreed, that the action violated the owner's due process rights because although notice regarding a supplemental public hearing was given in a newspaper pursuant to New York's eminent domain law, he never received personal notice. The court first holds, however, that the owner lacks standing to bring these claims because he has not suffered actual or threatened injury. The owner attended the first hearing and failed to indicate that he would have raised additional objections at the second hearing had he been provided with notice. Moreover, although he did not receive personal notice, he failed to allege that he did not receive actual notice. Further, the district court failed to consider the public interests involved and weigh them against the owner's interests. The preliminary injunction, therefore, is vacated.

Counsel for Plaintiff
Dana Berliner
Institute for Justice
1717 Pennsylvania Ave. NW, Washington DC 20006
1-888-571-1717

Counsel for Defendant
Alan D. Scheinkman
Epstein, Becker & Green
250 Park Ave., New York NY 10177
(212) 351-4500

Rakoff,* J. Before Miner and Leval, JJ.

* The Honorable Jed S. Rakoff. United States District Judge for the Southern District of New York, sitting by designation.