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Archive | 2021

May 13, 2021

We Don’t Need No Stinking Facts: The Incredible Misinformation of the Media, Eviction at Sheikh Jarrah

Hamas, an Islamist group that seized control of the Gaza Strip in 2007, has launched 1500 rockets into Israel so far.  The flash point for this violence is a simple land dispute in East Jerusalem.   The East Jerusalem neighborhood of Sheikh Jarrah was the location of the eviction of several Palestinian families following a ruling from Jerusalem’s District Court.  The families were represented by counsel.  An appeal has been taken to Israel’s Supreme Court.  But before the appeal can be heard, Palestinian Arabs have rioted nightly with violent eruptions… read more

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May 11, 2021

When A Park Just Isn’t A Park

We represent Brinkmann Hardware Corp. which owns a wooded lot in Mattituck, Suffolk County.  The family-owned business operates four hardware stores across Long Island.  The Town of Southold has used every trick to prevent the construction of the Mattituck hardware store, including imposing a nonsense moratorium. Southold lost every round in Court, so what does it do when it cannot stop construction, authorize condemning the land. The Institute for Justice filed suit in Federal District Court to stop the condemnation alleging a violation of due process and the Fifth Amendment. … read more

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Posted in Condemnation, Park, Public Purpose, Public Use, Uncategorized
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May 6, 2021

The Condemnor’s Burden to Demonstrate “But For” To Apply The Project Influence Rule

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, 119 AD3d 1033, (July 3, 2014).  KKS Properties, LLC is one of those 1033decisions that make you cringe.  An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property.  We have often advocated that there must be a minimum of “just compensation.”  A condemnor is required… read more

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Posted in Condemnation, Project Influence Rule, Severance Damages
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May 4, 2021

A Funny Thing Happened on the Way to the Beach.

A long simmering dispute regarding the public’s use of the beach at Napeague, East Hampton culminated in a trial at Riverhead.  The homeowners landward of the beach brought suit against the Town of East Hampton and the Trustees of the Freeholders and Commonalty of East Hampton claiming ownership of the beach. Following a multi-day trial, the Court ruled in favor of the Town and Trustees and dismissed the action.  On appeal, the Appellate Division, Second Department reversed. 191 AD3d 77 (2021). But the proceedings are far from over since the… read more

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Posted in Adverse Possession, Public Trust, Title to Beach
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April 13, 2021

Special Benefits – Special Nonsense

In a very comprehensive decision, the Honorable John J. Leo discussed, among many legal issues, special benefits.  The decision, Freudenberger v County of Suffolk, Index No. 606055/16 (Suff. Co. April 5, 2021), the Court awarded $172,302 in a taking by the County on Fire Island for the reconstruction of Fire Island’s barrier beach and dune network.  The intent of the project was to protect the sand dunes by taking easements to construct flood hazard risk reduction measures.  The County’s total appraised damages for the 2,558 square feet of property was… read more

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Posted in Condemnation, Fire Island, General Benefits, Special Benefits
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