NY Redevelopment Challenge Petition to Be Decided by US Supreme Court

Today, the U.S. Supreme Court is expected to issue its decision on whether to take property owner Nick Sprayregen’s appeal from an adverse ruling by the New York Court of Appeals.  The Court of Appeals, New York’s highest court, reversed an earlier ruling that had disallowed the taking of Mr. Sprayregan’s property in West Harlem where he operates his family’s self-storage business that has been located at the property for the past 30 years.  The taking – being effectuated by the Empire State Development Corporation -is based on a “blight” designation, clearance of which is a recognized “public use” under the Constitution.  The taking clears the way for Columbia University to expand research facilities for private contracting work.  The Court of Appeals reversed on the ground that the Courts had no business second guessing the legislative decision to redevelop the area in question.

If the U.S. Supreme Court agrees to hear the case, property rights advocates around the country will be watching closely to see if the high Court will defer to State rights as it did in the controversial Kelo v. New London case decided over five years ago.  If the hearing is not granted, then the NY Court of Appeals decision will be final, and will allow the project to proceed.