New York Court of Appeals
Courtesy Sandwich Shop, Inc., Respondents v. Port of New York Authority, Appellants; Arthur J…
April 4, 196312 N.Y.2d 379
Summary
The New York Court of Appeals held that Chapter 209 of the 1962 Laws, authorizing the Port Authority to condemn property for the World Trade Center, is constitutional because it serves a public purpose and the incidental revenue provision is permissible; the court also found that the statute does not violate the compact clause. The Court reversed the Appellate Division’s orders, remanding for a judgment that the statute is constitutional and reinstating the Special Term’s condemnation order. Justice Van Voorhis dissented, arguing the statute permits private taking and exceeds the authority granted by the 1921 compact.