# Petition — Terrace West, Inc. v. City of Plattsburgh

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385009_1060%3A1

## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition
- **Published:** January 1, 1982
- **Citation:** 459 U.S. 1088

## Text

Office - Supreme Court, U.S.

82-717 Bre

OCT 19 1982
No. °
DER .. stevas
CLERK

Iy THE

Supreme Court of the United States

October Term, 1982

TERRACE WEST, Ixc.,
Petitioner,
against
THE CITY OF PLATTSBURGH, NEW YORK,
Respondent,
and

THE STATE OF NEW YORK,
Intervenor.

Ow AppeaL From THE AppeLLATe Division, Tamp Depart-
MENT, OF THE SuPpREME Court or THE State or New York

PETITION FOR CERTIORARI

J. Byron O’Conne.i
O’ConneLt & Wore
Attorneys for Petitioner
10 Healey Avenue
Plattsburgh, NY 12901
(518) 561-1440

i.
Question Presented.

Are Articles 2 and 4 of the New York State Eminent Do-
main Procedure Law facially and in fact unconstitutional
in that they permit a taking of private lands without due
process, without allowing the private landowner the right
to an impartial hearing before an impartial arbitrator on
the issue of whether his property need be taken, or, in
other words, does the Due Process Clause apply to prop-
erty owners as well as to felons?

Table of Contents.
Page
eo Bere rT, ST eeeET Tre i
ics ace sdbbaes cates eat l
Grounds for Jurisdiction. ..............eeeee0es 2

Constitutional Provisions and Statutes Involved... . 3

Sy Or GO IIB os6 5 ovo cctcnsccovasensses 12
Reasons for Granting the Writ................... 16
Index to Appendix.

Court of Appeals Order, September 8, 1982....... Al
Appellate Division Order, May 18, 1982.......... A3
Appellate Division Decision, May 11, 1982........ AS
Appellate Division Order, March 30, 1982......... A6
Appellate Division Decision, March 25, 1982...... A8
Order Appealed From, June 5, 1981.............. All

Memorandum Decision and Order, U. S. District
Court for Northern District of New York,
ea ME creck dadist ocekec «svcdescuh Al5

Appellate Division Order, February 25, 1980...... A24

Page
Appellate Division Decision, February 7, 1980... .. A26
Appellate Division Order, January 14, 1980....... A27

Appellate Division Decision, December 20, 1979... A29

Minutes of Public Hearing....................4. A3l
Public Notice of Determination and Findings... . . . A56
Determination and Findings.................... AS58
UD stamp.

The sections of the Eminent Domain Procedure Law
discussed above are facially and in effect unconstitutional.
Terrace West, Inc., was deprived of its right to due process
in the taking from it of its property. The EDPL sections
complained of herein subject individuals to an arbitrary
exercise of the powers of government; the State’s au-
thority is exerted in excess of those fundamental principles
of liberty and justice which lie at the base of all our civil
and political institutions.

Articles 2 and 4 of the New York Eminent Domain Pro-
cedure Law are unconstitutional, they have deprived peti-
tioner Terrace West, Inc., of its property without due
process of law. These articles must be struck down as un-
constitutional, and Terrace West, Inc., granted relief.

Respectfully submitted,

J. BYRON O’CONNELL
O’CONNELL & WOLFE
Attorneys for Petitioner
10 Healey Avenue

Plattsburgh, N. Y. 12901
(518) 561-1440

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385009_1060%3A1. Public record. Not legal advice.