Archive | Public Use

Holy Mango! Statute That Allows Creditor to Seize Property from Third Party Is a Taking.

Who else but would discuss a case dealing with dried fruit, from Guam no less?  The case is Western Sales Trading Co. v Genpro Int’l, Inc. (Guam), No. CVA 19-023 (July 28, 2021).  The Court held that a Guam statute permitting a judgment creditor to take property from a third party was a taking. Under the statute, a Guam judgment creditor is specifically authorized to file a motion for an order to show cause to compel any person who holds the assets of the judgment debtor to turn over… read more

Posted in Creditor Turnover, Fifth Amendment, Public Use
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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

Posted in Condemnation, Park, Public Purpose, Public Use, Uncategorized
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          Arguing that the project will benefit a private party and that the proposed condemnation will there by violate the constitutional restraints against the condemning private party to give another private party will fail as long as it could be said the public purpose is dominant.  See Waldo’s, Inc. v Vill. Of Johnson City, 74 NY2d 718, 720 (1989); see also Yonkers Cmty. Dev. Agency v Morris, 27 NY2d 478, 482 (1975).           Virtually any purpose will be acceptable including the condemnation of a historic waterfront for a shopping mall… read more

Posted in Public Benefit, Public Purpose, Public Use, Uncategorized
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