X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION Plaintiffs John R. Stensrud and Maria B. Stensrud (collectively “Plaintiffs”) seek monetary damages pursuant to 42 U.S.C. §1983 and New York State law based on defendant Rochester Genesee Regional Transportation Authority’s (“RGRTA” or “Defendant”) taking by eminent domain of property located at 36-38 Chamberlain Street in Rochester, New York (the “Property”). (Dkt. 58). Prior to the commencement of the instant action, Plaintiffs pursued a claim for additional compensation related to this taking in New York State Supreme Court, Monroe County (the “state trial court”). A bench trial was held in the state trial court on June 6, 2022, and on September 26, 2022, the state trial court issued a decision and order awarding Plaintiffs $509,000 as just compensation for the taking of the Property. (Dkt. 98-6). Defendant now moves for summary judgment on the basis of res judicata. (Dkt. 98). For the reasons that follow, Defendant’s motion is granted. BACKGROUND The following facts are taken from Defendant’s statement of material facts not in dispute (Dkt. 98-1), Plaintiffs’ response thereto (Dkt. 99-4), and the exhibits submitted by the parties. The Court has noted any relevant factual disputes. RGRTA is a New York public authority vested with the power of eminent domain by §1299-ii of the New York State Public Authorities Law. (Dkt. 98-1 at 1; Dkt 99-4 at 1). In 2013, RGRTA received final environmental approval and permission to proceed with its Main Street Campus Improvement Project (the “Project”). (Dkt. 98-1 at

2-3; Dkt. 99-4 at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›