SUPREME COURT: COUNTY OF CHAUTAUQUA
JAMESTOWN URBAN RENEWAL AGENCY
ACQUIRING CERTAIN REAL PROPERTY
SITUATE IN THE CITY OF JAMESTOWN,
COUNTY OF CHAUTAUQUA, AND STATE OF
vs Index #H-12466
SUNRISE PROPERTIES, INC.
WRIGHT, WRIGHT & HAMPTON
(Mark I. Hampton, Esq.
of Counsel) for Plaintiff
JOHNSON, PETERSON, TENER & ANDERSON
(Ronald W. Malin, Esq.
of Counsel) for Defendant
The Court, satisfied that the procedural requirements
of EDPL Section 402 (B) (5) have been met, grants
petitioner's motion for an order directing the immediate
filing and entry of an order granting the petition.
This is an urban renewal agency condemnation case
seeking to transfer two vacant parcels of land to the
Jamestown Urban Renewal Agency pursuant to EDPL Section
The parties have previously been engaged in litigation
which Sunrise Properties, Inc., and its parent corporation
brought in the Appellate Division - Fourth Department
against the Jamestown Urban Renewal Agency in November,
1993, pursuant to EDPL 207. That case sought judicial
review of the Petitioner's determination to take by eminent
domain authority the same property which is the subject of
this proceeding. The specific issue raised in the
Appellate Division was whether or not the proposed taking
was for a public use, benefit, or purpose.
The acquisition map of the entire project area and the
prior owners of the respective individual parcels is
attached to the present Petition. Only the
Respondent/Condemnee has elected not to transfer title and
proceed under the fair compensation determination
provisions of the EDPL. As a result, Petitioner brings
this proceeding to enlist the aid of the Court in the
completion of its acquisition of the redevelopment area.
The answer in the matter before the Court raises no
material issues; it states no new matters, but alleges that
the Jamestown Urban Renewal Agency's public purpose for the
taking is not pled. This strikes the Court as
disingenuous. The public use, benefit or purpose for which
this property is required is set forth in its entirety in
Exhibit D attached to the petition. Moreover, the
requisite public use, benefit, or purpose is already law of
the case. This is a dead issue and therefore a non-issue.
The motion of petitioner for an order authorizing the
filing in the Chautauqua County Clerk's office of the
original survey and plat, together with the Acquisition
Map, is granted. The Court directs that upon such filing,
title to the parcels described in the petition immediately
vest in the Petitioner pursuant to Sections 402(b and
501(B) of the EDPL.
The Court declines the request of Counsel for
respondent that the order contain a recital that the filing
of the map and transfer of title would not deprive
respondent of standing before this Court to bring any
action or proceeding relating to the actual or threatened
violation of the State Environmental Quality Review Act.
Such a recital could be interpreted as granting standing
where none exists.
The question of standing on any prospective SEQRA
challenge by respondent or any other citizen is not an
issue here; it is a matter to be determined when and if
such a challenge is made.
THIS IS THE DECISION OF THIS COURT.
Dated: November , 1995
Mayville, New York
Supreme Court Justice
To all Counsel:
Please take notice that a DECISION and ORDER of
which the within is a copy, is duly granted in the above
entitled action on the day of , 1995, and
duly entered in the office of the Clerk of the County of
Chautauqua on the same date.