Matter of Bowers Dev. LLC v. Oneida County Industrial Development Agency

Court:	Appellate Division, Fourth Department
Docket No.:	2024 NY Slip Op 0053 (2024)
Petitioner:	Bowers Development, LLC
Respondent:	Oneida County Industrial Development Agency

Facts: Pursuant to Eminent Domain Procedure Law, Section 207, respondent Oneida County Industrial Development Agency (“OCIDA”) acquired a parcel of land owned by petitioner Bowers Development LLC (“Bowers”) in order to construct a surface area parking lot in downtown Utica. Bowers objected to the taking claiming that the taking was not a taking for a commercial use. Bowers’ objections were upheld by the Appellate Division, Fourth Department. OCIDA appealed to the Court of Appeals which reversed the Appellate Division's decision and order. The Court of Appeals found that there was a commercial nexus between the construction of the parking lot in Utica, since the parking lot would alleviate traffic congestion. The Court of Appeals then remitted the remaining issues back to the Appellate Division, Fourth Department for resolution.

Holding: Upon remand, the Appellate Division, Fourth Department held that the use of Bowers’ land was for commercial purposes, and that the taking was a rational use of eminent domain. None of Bowers’ contentions warranted annulment of the Court of Appeals’ determination.

Submitted by: Philip Sanchez, Esq. (psanchez@herrick.com)

Precis: Davida S. Scher