Tuck-It-Away, Inc. v. New York State Urban Development Corporation, dba Empire State Development Corporation

Issue: 1) Whether it was error for the Court of Appeals of New York to disregard the principles enunciated in Kelo v. City of New London in sanctioning the use of eminent domain for the benefit of a private developer? 2) Whether the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States imposes any minimum procedural standards, in accordance with the requirement of fundamental fairness, to preserve a property owner's meaningful opportunity to be heard within the context of an eminent domain taking?

Briefs and Documents

Certiorari-stage documents

• Petition for certiorari
• Brief in opposition
• Petitioners' reply
• Amicus brief of New York State Senator Bill Perkins
• Amicus brief of Pacific Legal Foundation
• Amicus brief of the Institute for Justice, et al.