Supreme Court denies Macy's and Lord & Taylor petition: Syracuse NY Post-Standard, 4/30/07

The case involved the Carousel Center mall expansion and the Industrial Development Agency's eminent domain petition.

By Rick Moriarty

The U.S. Supreme Court today refused to hear an appeal by the Macy's and Lord & Taylor department stores against the Syracuse Industrial Development Agency.

The stores asked the court earlier this year to hear an appeal of a lower court decision granting the agency's eminent domain petition to acquire various lease rights from the stores. The lease rights taken by eminent domain removed the stores' veto power over developer Robert Congel's expansion of the mall into a megacenter called Destiny USA.

Macy's and Lord & Taylor said the agency went far beyond removing their veto power over the project. They contended that the agency imposed new financial obligations on the stores.

The Supreme Court refused to take up the case, however.

"This means the challenge to the validity of the condemnation by SIDA of the tenants' leasehold rights necessary to develop Destiny USA is over," said attorney Mark McNamara, partner in the Hiscock & Barclay law firm, representing the development agency. "There can be no further challenges."

Syracuse NY Post-Standard: http://blog.syracuse.com