This decision involved a proceeding initiated pursuant to Eminent Domain Procedure Law (EDPL) 207, to review a determination by a city Industrial Development Agency (IDA) to condemn 11 parcels of the petitioner’s property for a “mixed-use redevelopment project (project).”

The petitioner’s predecessors in interest leased 10 properties for “parking and other lawful purpose” for a period of 50 years. The lease had been assumed by a city Convention Center Authority. Thereafter it was transferred to the respondent (Development, LLC). The Development, LLC is a wholly owned subsidiary of a municipal corporation which serves as the city’s economic development arm (city corporation).