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Pacific Carlton Development Corp., et al. v. New York State Urban Development Corporation, dba Empire State Development Corporation

Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2018-03325, 2019-04529 · judgment June 22, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below, and a business petitioner, and down for a business respondent.

Question presented

A New York State redevelopment agency seized, via eminent domain, a large tract of real estate occupied by an existing building in downtown Brooklyn for redevelopment. The building, partially used for office space, included a useable basement of over 13,000 square feet, which had a government-issued certificate of occupancy. During eminent domain proceedings, the lower court ignored the certificate of occupancy’s determination of a usable basement as a valued property interest. The question presented is: 1. 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?

Counsel of record

For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.

For respondent
Kenneth J. Applebaum
Applebaum Katz Brodsky PLLC

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
22A841

Order
Order list, October 2, 2023 · Certiorari denied

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 12 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jun 26 2023
    Brief of respondent New York State Urban Development Corporation d/b/a Empire State Development Corporation in opposition filed.
  4. May 24 2023
    Petition for a writ of certiorari filed. (Response due June 26, 2023)
  5. Mar 28 2023
    Application (22A841) granted by Justice Sotomayor extending the time to file until May 24, 2023.
  6. Mar 23 2023
    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.