JuSTICE MARTIN Schoenfeld, newly sitting in the Condemnation Proceedings Part in New York County, has rendered an extensively researched opinion in a taxpayers’ action brought pursuant to General Municipal Law �51. The decision is reported in The New York Law Journal of April 4, 2002, at page 19 under IA Part 28 (West 41st Street Realty LLC vs. the City of New York). The basis of the action by some of the property owners affected by the proposed condemnation for Site 8 in the 42nd Street Project was that it is, in effect, a giveaway to The New York Times and Forest City Ratner in the deal worked out by Empire State Development Corp. (ESD) and the City in designating them as the developers. The property involved is the westerly half of the block bounded by West 40th Street, West 41 Street, 8th Avenue and 7th Avenue in Manhattan. This suit is part of a double-barreled attack on the project, the other half being a challenge to the determination and findings in the Appellate Division, First Department, pursuant to EDPL �207. This latter action has been briefed and, at this writing, is awaiting argument.
Since Justice Schoenfeld’s decision may well be appealed, and since the EDPL �207 petition is subjudice, we will not express any opinions as to the legal merits, particularly since, if these properties are in fact condemned, we will be representing some of the property owners in the condemnation proceeding. At the moment, we are on the sidelines. That does not mean we do not have an interest other than the earning of a fee. We are very interested in the process. We have been hearing rumblings from the attorneys practicing in this area around the country that people are complaining that the courts have gone too far in permitting condemnation of properties for the purpose of turning them over to private developers. In fact, the U.S. Supreme Court has before it a request to take a case coming out of Oklahoma with similar issues, the condemnation of a site owned by a developer, which was then sold to another developer.
