January 23rd, 2012 — By Mark M. Murakami — In Articles
Motion for Leave to File Brief Amicus Curiae and Brief Amicus Curiae of Owners Counsel of America in Support of the Petitioner, River Center LLC v. Dormitory Authority of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012), Robert H. Thomas (Hawaii), Counsel of Record.
This case involved one of the largest condemnations of private property in the history of New York City. At issue were important questions concerning the Just Compensation Clause of the Fifth Amendment. The brief argues that all evidence of value must be considered by a reviewing court which cannot disregard evidence that a potential buyer of the property would consider important in assessing value and that the Fifth Amendment protects the right of both a property owner and developer to testify to the property’s value.