United States Second Circuit

Plaintiff has standing to challenge the lack of individual notice that a formal determination and finding had been reached and published, triggering a thirty-day limitations period in which any challenges to the taking of property must be brought under Article 2 of the Eminent Domain Procedure Law (EDPL). Due process challenges to this statutory regime are not barred by res judicata under the circumstances.

Appellate Information

• Decided 09/24/2003
• Published 09/24/2003

Judges

• SOTOMAYOR, Circuit Judge., Before:  SACK and SOTOMAYOR, Circuit Judges, and DANIELS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Dana Berliner,Institute for Justice, Washington, DC (William H. Mellor, Marni Soupcoff, Institute for Justice, on the brief, Martin Kaufman, Atlantic Legal Foundation, New York, NY, on the brief), for plaintiff-appellant., Michael Rikon, Goldstein, Goldstein, Rikon & Gottlieb, P.C., New York, NY, for amicus curie Michael Rikon.


• For Appellees:
  
• Alan D. Scheinkman, Epstein, Becker & Green, P.C., New York, NY (Darryll A. Buford, J. William Cook, on the brief), for defendant-appellee.