Courtesy Sandwich Shop, Inc. v. Port Authority Of New York Authority

190 N.E.2d 402, appeal dismissed, 375 U.S.78 (1963)

Facts

Appellant was authorized to condemn property to build the World Trade Center. Respondents owned part of the properties to be condemned and opposed the development in that it authorized the taking of private property by eminent domain for other than public use. The courts found that the World Trade Center was a public use but the statute authorizing the taking was invalid as it granted a power to condemn property for no other purpose than the raising of revenue for the expenses of the project and for a class of tenants with a remote relationship with world trade. The Port Authority appealed.