United States Second Circuit

Where plaintiff actually received notice of proceedings and actually stated his objections to eminent domain, he has suffered no injury in fact, so he lacks standing to challenge the constitutionality of the state's eminent domain procedure.

Appellate Information

• Argued 06/26/2001
• Decided 08/08/2001
• Published 08/08/2001

Judges

• RAKOFF, District Judge:, Before MINER and LEVAL, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Alan D. Scheinkman (Darryll A. Buford and J. William Cook, on the briefs), Epstein, Becker & Green, P.C., New York, NY, for Defendant-Appellant., Dana Berliner, Institute for Justice, Washington, DC, (William H. Mellor and Marni Soupcoff, Institute for Justice, Washington, DC, Martin S. Kaufman, Atlantic Legal Foundation, New York, NY, on the briefs), for Plaintiff-Appellee.