A team of Harris Beach attorneys helped the City of Binghamton successfully defend its proposed taking of real property in an eminent domain case in the New York State Supreme Court Appellate Division.

City officials attempted to take over Binghamton Plaza last year, claiming the 285,000-square foot strip mall was dilapidated and nearly vacant. The city wanted to demolish its structures to provide better access to a nearby park and river walk. The owner of the plaza attempted to block the city’s eminent domain claim and keep control of the property by arguing, among other things, the condemnation of the property was excessive, the city had not outlined a plan for specific use of the land and the city violated the State Environmental Quality Review Act.

Harris Beach attorney Christopher A. Andreucci, a member of the firm’s Municipalities and Local Agencies Industry Team, put together a team of Allison B. Fiut, of the firm’s Business and Commercial Litigation Practice Group, Frank C. Pavia, leader of the firm’s Environmental Practice Group, and Munesh Patel, senior counsel in the Public Finance and Economic Development Practice Group, to strategize and argue the case before the Appellate Division, Third Judicial Department.

The court rejected the plaza owner’s claims, ruling unanimously. The court ruled the city conducted a proper public hearing and provided a copy of the hearing’s transcript to the county clerk’s office, it did not abuse its discretion in determining the property was dilapidated, it put forth a specific enough plan for the use of the property, and that the city took a proper look at the environmental impact of its decision and met the requirements of the State Environmental Quality Review Act.

“We find that respondent identified the relevant areas of environmental concern, took a hard look at them, and made a reasoned elaboration of the basis for its determination in issuing a negative declaration,” the court ruled.

Binghamton Mayor Jared Kraham called the ruling a “major victory” for the city, telling the media “this should be a site of waterfront redevelopment, of expanded park space, and new economic opportunities to serve the residents of the City of Binghamton and beyond. This should be a destination as it once was when it first opened as a shopping plaza many decades ago. And it still has that promise.”

The plaza owner has 30 days to seek leave to appeal to the Court of Appeals.