Fourth Department – General Municipal Law: Bowers Development LLC v. Oneida County Industrial Development Agency

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

General Municipal Law

Eminent domain – Enumerated powers

Bowers Development LLC v. Oneida County Industrial Development Agency

OP 22-00744

Originated from Supreme Court, Oneida County

Background: The petitioners commenced a proceeding seeking to annul the determination of the respondent to condemn certain real property by eminent domain. The petitioners argue that the OCIDA lacked the requisite authority to acquire the subject property.

Ruling: The Appellate Division annulled the determination and granted the petition. The court noted that the OCIDA’s determination and findings indicated that the subject property was to be acquired for use as a surface parking lot, the record established that its primary purpose of the acquisition was not a commercial purpose but rather it was a necessary component of a larger hospital and healthcare facility project. Such purposes enumerated in the General Municipal Law does not include projects related to hospital or healthcare-related facilities.

Michael A. Fogel, of Fogel & Brown, for the petitioners; Paul J. Goldman for the respondent Oneida County Industrial Development Agency; Laura L. Spring, of Cohen Compagni Beckman Appler & Knoll, for the respondent Central Utica Building.

Oral argument video