Archive | Due Process

South Grand View Development – A Regulatory Taking Case

Eric Bregman, Esq. (www.ericbregman.com), a prominent land use attorney in Long Island’s East End, sent me the decision handed down by the Eleventh Circuit on June 21, 2021, South Grand View Development Company, Inc. v City of Alabaster, Alabama 1F. 4th 1299. The facts are relatively simple.  The plaintiff purchased 547 acres of land in the City of Alabaster for $1.65 million.  The masterplan for development was submitted to and approved by the City.  Most of the development was completed by 2008 but the 142-acre portion of land at issue,… read more

Posted in Due Process, Just Compensation, Re-zonings
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SHOULD YOU MOVE FOR SUMMARY JUDGMENT OR IN LIMINE?

Many lawyers believe that their opponents’ appraisal is so weak that a motion for summary judgment will bring them instant victory.  The idea is usually not worth the effort for it is rare that summary judgment is appropriate in an eminent domain case. An appraisal presents a pure factual presentation of data and information utilized by an expert to conclude to an opinion of value.  In New York State, an appraisal is required to be exchanged and filed pursuant to Court Rule.  22 NYCRR § 202.61.  See Miriam Osborn Memorial… read more

Posted in Appraisal, Due Process, In Limine, Just Compensation, Summary Judgment
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