New York Court of Appeals June 4, 2013 (James Square Associates LP v. Mullen)

lead-opinion

OPINION OF THE COURT

Chief Judge Lippman.

The common question presented by these appeals is whether the retroactive application of the 2009 Amendments to the Empire Zones Program complies with the Due Process Clause of the Fifth Amendment. Evaluating these cases under the balancing test of Matter of Replan Dev. v Department of Hous. Preserv. & Dev. of City of N.Y.