Legal Opinion
Rosenthal & Rosenthal Inc. v. New York State Urban Development Corp.
District Court, S.D. New York
Decided January 8, 1985No. 84 Civ. 7229 (CBM)PublishedCited by 12 opinions
1Opinion of the Court
OPINION
MOTLEY, Chief Judge.
Plaintiffs, owner and lessee of an office building located on the corner of 41st Street and Broadway in Manhattan, sue to enjoin condemnation of their building to make way for the proposed Forty-Second Street Development Project. Plaintiffs allege that the proposed taking of their building is neither for nor rationally related to a public purpose, and therefore amounts to an unconstitutional taking in violation of the fifth and fourteenth amendments. Plaintiffs bring their claim pursuant to 42 U.S.C. section 1983. All defendants have moved to dismiss on essentially…
2Cases cited5 opinions
- Berman v. ParkerSupreme Court of the United States · 1954
- Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
- Courtesy Sandwich Shop, Inc. v. Port of New York AuthorityNew York Court of Appeals · 1963
- City of Oak Creek v. Milwaukee Metropolitan Sewerage DistrictDistrict Court, E.D. Wisconsin · 1983
- Archer Gardens, Ltd. v. Brooklyn Center Development Corp.District Court, S.D. New York · 1979
3Cited by12 opinions
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Goldstein v. PatakiCourt of Appeals for the Second Circuit · 2008
- Wilder v. ThomasCourt of Appeals for the Second Circuit · 1988
- Wilder v. ThomasCourt of Appeals for the Second Circuit · 1988
- G. & A. BOOKS, INC. v. SternDistrict Court, S.D. New York · 1985
7 more not listed; retrieve them via the Exa API.