Legal Opinion

Kaur v. New York State Urban Development Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 2009PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

“ 'An ACT of the Legislature (for I cannot call it a law) contrary to the great first principles of the *3social compact, cannot be considered a rightful exercise of legislative authority ... A few instances will suffice to explain what I mean ... [A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with SUCH powers; and, therefore, it cannot be presumed that they have done it. The genius, the nature, and the spirit, of our State Governments, amount to a prohibition of such acts of…

2Cases cited26 opinions

  1. Berman v. ParkerSupreme Court of the United States · 1954
  2. Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
  3. Kelo v. City of New LondonSupreme Court of the United States · 2005
  4. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  5. Montgomery v. DanielsNew York Court of Appeals · 1975

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3Cited by3 opinions

  1. Kaur v. New York State Urban Development Corp.New York Court of Appeals · 2010
  2. Syracuse University v. Project Orange Associates Services Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Kaur v. New York State Urban Development Corp.New York Court of Appeals · 2010

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