No. 11-922
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In The
Supreme Court of the United States
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♦
---------------------------------RIVER CENTER LLC,
Petitioner,
v.THE DORMITORY AUTHORITY OFTHE STATE OF NEW YORK,
Respondent.
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♦
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On Petition For Writ Of CertiorariTo The Supreme Court Of New York, Appellate Division, First Department
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MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE AND BRIEF AMICUS CURIAEOF OWNERS’ COUNSEL OF AMERICAIN SUPPORT OF THE PETITIONER
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♦
---------------------------------R
OBERT
H. T
HOMAS
Counsel of Record
D
AMON
K
EY
L
EONG
K
UPCHAK
H
ASTERT
1003 Bishop Street, 16th FloorHonolulu, Hawaii 96813(808) 531-8031rht@hawaiilawyer.com
Counsel for Amicus Curiae
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COCKLE LAW BRIEF PRINTING CO. (800) 225-6964OR CALL COLLECT (402) 342-2831
1
MOTION FOR LEAVE TO FILEBRIEF AMICUS CURIAE
Pursuant to this Court’s Rule 37.2(b), Owners’Counsel of America (OCA) respectfully requests leaveof the Court to file the attached brief amicus curiae insupport of the Petitioner, River Center LLC.OCA sought consent of the parties and providedcounsel for each with more than ten days notice of OCA’s intent to file this brief. Petitioner, and Re-spondents Blackacre Bridge Capital LLC and SWHFunding Corp., have consented to the filing of anamicus brief by OCA, but Respondent Dormitory Authority of the State of New York has withheldconsent.OCA files this brief to assist the Court in itsreview of the petition, and the important issues inFifth Amendment Just Compensation law presented:• An owner whose property is taken need nothave
any
development plans – much less plansthat will “come to fruition” in the immediate fu-ture – for a court to admit all evidence of a par-cel’s potential uses.• The Fifth Amendment requires a court toconsider evidence that a condemnor deliberatelydepressed the value of the property in anticipa-tion of the taking.• A property owner is always entitled to testifyabout his or her view of the value of the property.
2OCA brings unique expertise to this task. OCA isa network of the most experienced eminent domainand property rights attorneys from across the countrywho seek to advance, preserve and defend the rightsof private property owners and thereby further thecause of liberty, because the right to own and useproperty is “the guardian of every other right” andthe basis of a free society.
See
J
AMES
W. E
LY
, T
HE
G
UARDIAN
OF
E
VERY
O
THER
R
IGHT
: A C
ONSTITUTIONAL
H
ISTORY
OF
P
ROPERTY
R
IGHTS
(2d ed. 1998). As thelawyers at the front lines of eminent domain law,OCA’s members understand the importance of theissues presented by this petition, and how the rulesadopted by the New York court, if allowed to stand,will undermine the check on the unbridled exercise of the eminent domain power that the Just Compensa-tion Clause provides.OCA is a non-profit organization, organized underIRC § 501(c)(6) and sustained solely by its mem-bers. Since its founding, OCA has sought to use itsmembers’ combined knowledge and experience as aresource in the defense of private property ownership,and to make that opportunity available and effec-tive to property owners nationwide. OCA memberattorneys have been and are involved in landmarkproperty law cases in nearly every jurisdiction nation-wide, including cases discussed in the petition at bar. Additionally, OCA members and their firms have beencounsel for a party or amici in many of the eminentdomain and takings cases this Court has consideredin the past forty years, including
Kaiser Aetna v.
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Brief Amicus Curiae of Owners' Counsel of America, River Center LLC v. The Dormitory Auth. of the State of New York, No. 11-933 (Feb. 24, 2012)
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