HBV Victor, LLC v. Town of Victor

Court:	Appellate Division, Fourth Department
Docket No.:	2022 NY Slip Op 07313
Petitioner:	HBV Victor, LLC
Respondent:	Town of Victor

Facts: Petitioner HBV Victor, LLC (“HBV”) is the owner of a store located in a mall in Ontario County. Lord & Taylor, the most recent tenant in the store, declared bankruptcy and vacated the store. While petitioner was in the process of securing a new tenant, respondent Town of Victor (“Victor”) initiated a condemnation proceeding pursuant to EDPL 207. HBV objected to the condemnation proceeding and initiated a petition in the Appellate Division, Fourth Department.

Holding: The Appellate Division, Fourth Department granted the petition, finding that Victor had no stated public use purpose in condemning the property. The Appellate Division concluded that a condemnation could not occur absent a stated public purpose at the initiation of the condemnation.

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

Precis: Davida S. Scher