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The Port Chester Blog Of Record

The Port Chester Blog Of Record - Brain Harrod Editor / Publisher

Sunday, July 22, 2007

Archive 2007 July 22 Port Chester News Wire


Port Chester wrongly took businessman's land, judge rules


LoHud.com brings us the ultimate nightmare situation: the eminent domain case is won - after the buildings in question have been knocked down, paved over, and made into parking lots.


Brody's fight centered on whether the village had properly informed him of its intent to seize his properties. The village announced its intention in a legal ad in The Journal News in July 1999, following a public hearing on the matter. Brody then had 30 days to challenge the village's "determination and findings" regarding the project.


Brody said he didn't find out until 2000 that the village was going to seize his properties. By that time, his 30-day window had long since expired and he no longer had the right to challenge the seizure.


Largely because of Brody's case, New York state changed its eminent domain law in 2004 to require municipalities to notify property owners by certified mail or personal delivery of decisions to seize their land.


From The Blog: No Land Grab


Here is the Journal News article
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More On The Brody Decision
PORT CHESTER—After seven years of litigation, a federal trial judge confirmed last week what Bill Brody has known all along—the government must provide citizens with notice before their right to challenge eminent domain expires. Further, the judge ruled, the Village of Port Chester violated Brody’s rights by failing to do so.

...........“This common-sense ruling is long-overdue: now, there is no question that Port Chester failed to provide Bill Brody with the basic notice guaranteed by the Constitution,” said IJ Staff Attorney Robert McNamara. “For property owners nationwide, this ruling means that there is still some teeth to constitutional protections for their homes and small businesses.


“Bill Brody has waged a heroic fight against eminent domain abuse, and it is fitting that his constitutional rights have finally been vindicated,” said Chip Mellor, IJ president and general counsel. “His never-say-die determination is a shining example for home and small business owners across the country.”

Full Story: North Country Gazette

Archived Links:


http://www.northcountrygazette.org/articles/2007/031907DomainTrial.html http://www.northcountrygazette.org/articles/120505IllegalSeizure.html 7-22-07

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Port Chester wrongly took businessman's land, judge rules


22 Jul 2007 by admin LoHud.com brings us the ultimate nightmare situation: the eminent domain case is won - after the buildings in question have been knocked down, paved over, and made into parking lots.

read more.Planetizen Radar - The Planning and Development... - http://radar.planetizen.com

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The History Of Brody's Legal Battle



July 1999: The village of Port Chester announces its decision to seize William Brody's four office buildings and two lots as part of its downtown redevelopment plan.


October 2000: Brody files a lawsuit in U.S. District Court in Manhattan, challenging the village's attempt to seize his properties.


August 2001: The village annexes Brody's properties. His four buildings and two additional lots are among 39 properties incorporated into the massive development that includes a Costco, a Super Stop & Shop, a Loews movie theater, and a Bed, Bath & Beyond. The village closes or relocates 100 businesses to make way for the project.


January 2005: A federal judge rules the village legally seized Brody's properties.


December 2005: U.S. Court of Appeals reverses the lower court's decision and sends the case back to U.S. District Court for trial.


March: Judge Harold Baer conducts a non-jury trial on the case.


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