Posted On:
April 8, 2008
Summary of Opinion: U.S. Court of Appeals Second Circuit
From Findlaw Opinion Summaries.
April 7, 2008.
CIVIL PROCEDURE, CONSTITUTIONAL LAW, CONSTRUCTION, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Goldstein v. Pataki, No. 07-2537
In an action involving whether plaintiffs' complaint sufficiently alleged an eminent domain action underlying a city's building project in violation of the Fifth Amendment, grant of defendants' motion to dismiss is affirmed over claims that: 1) the district court overlooked substantial and specific allegations that a private developer was the sole beneficiary of the project; and 2) the public uses invoked by defendants were "pretexts" advanced by corrupt and coopted state officials
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