Legal Opinion
Soon Duck Kim v. City of New York
New York Court of Appeals
Decided February 18, 1997PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In 1990, the City of New York regraded a public road in Queens. To maintain lateral support between the road and plaintiffs’ property, the City placed side fill on the portion of plaintiffs’ property abutting the roadway. In this lawsuit, plaintiffs contend that they are entitled to compensation for the portion of their property taken by the City. We disagree.
Plaintiffs acquired their property with constructive notice that the property abutted a public road that was below the legal grade. In regrading the road and raising a portion of *4plaintiffs’ property up to…
2Cases cited17 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Munn v. IllinoisSupreme Court of the United States · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Progressive Credit Union, Taxi Medallion Owner Driver Ass'n, Inc. v. City of N.Y.Court of Appeals for the Second Circuit · 2018
- Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997
- Consumers Union of U.S., Inc. v. StateNew York Court of Appeals · 2005
- Adirondack League Club, Inc. v. Sierra ClubNew York Court of Appeals · 1998
- Mutschler v. City of PhoenixCourt of Appeals of Arizona · 2006
16 more not listed; retrieve them via the Exa API.