Legal Opinion
James Square Associates LP v. Mullen
New York Court of Appeals
Decided June 4, 2013PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The common question presented by these appeals is whether the retroactive application of the 2009 Amendments to the Empire Zones Program complies with the Due Process Clause of the Fifth Amendment. Evaluating these cases under the balancing test of Matter of Replan Dev. v Department of Hous. Preserv. & Dev. of City of N.Y. (70 NY2d 451, 456 [1987]), we conclude that the retroactive application of the 2009 Amendments violated plaintiffs’ due process rights and affirm on slightly different grounds from those invoked by the Appellate Division.
I. Facts and…
2Cases cited14 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
- Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
- Welch v. HenrySupreme Court of the United States · 1938
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Lyell Mt. Read Business Center LLC v. Empire Zone Designation BoardAppellate Division of the Supreme Court of the State of New York · 2015
- Burrows v. 75-25 153rd St., LLCNew York Court of Appeals · 2025
- Protect the Adirondacks! Inc. v. Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of American Food & Vending Corporation v. New York State Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Leadingage N.Y., Inc. v. ShahAppellate Division of the Supreme Court of the State of New York · 2017
37 more not listed; retrieve them via the Exa API.