Types of Cases

Major Proceedings

	42nd Street Development Project

Goldstein, Rikon, Rikon & Houghton, P.C. are trial attorneys who are recognized as authorities in the Law of Eminent Domain. The firm is often retained years in advance of an actual condem- nation by its clients.

The firm represented most of the former owners in the Times Square Development Project. In the first phase of that proceeding, the firm filed 15 fee claims for buildings and 8 fee claims for theaters, collecting approximately $100,000,000 for its clients. In the second phase of the 42nd Street proceeding, the firm represented 11 of the 18 properties condemned and 50 trade fix- ture claimants, collecting $32,706,490.00 for its clients. In the latest acquisition for the New York Times building, the firm represents 8 of the 11 parcels taken and 29 trade fixture claimants.

	< Apollo Theatre, West 42nd Street
	Lyric Theatre > West 43rd Street

In the Metrotech proceeding, in downtown Brooklyn, the firm recovered over $30,000,000 for its clients.

Landmark Cases

M. Robert Goldstein is an acknowledged leader in Eminent Domain law. In one of his cases, Matter of City of New York College Point Industrial Park (Glantz), he was able to recover over $8,000,000 for his client, much of it for carnival-type amusement rides, in addition to the amusement park itself, land, buildings, and infrastructure. Robert and his firm have helped to establish much of the precedent for Eminent Domain law in New York State. Over 60 of the case citations in West's New York Digest, 3rd and 4th, are cases in which Robert and his firm was involved. In Matter of City of New York (572 Warren Street), Robert established that a condemnor, in anticipation of condemning a property, cannot move tenants out and then, after taking the property, value it as vacant and vandalized. In the Manhattan Civil Centre Area case, Robert successfully argued that the then statutory rate of 4% on condemnation awards uncon- stitutionally deprived property owners of just compensation.

Dormitory Authority, Baruch College

Michael Rikon has obtained many favorable condemnation awards. He recovered $2.6 million for Nathan's Famous, Inc.'s trade fixtures in the Times Square condemnation proceeding. The $6.3 million, plus the right to remove $8 million worth of trade fixtures awarded in Walker-Prismatic Engraving v. Dormitory Authority of the State of New York, was a record trade fixture award to be recovered by a tenant. In 1993, Mr. Rikon successfully recovered $6.7 million plus inter- est and costs, a total of $9.7 million, in a Queens Supreme Court decision, MTA v. Peerless Weighing, which involved the condemnation of a parking lot at Queens Plaza, where the con- demnor's pre-vesting offer was only $1.2 million.

Historic Nunley's Carousel, Baldwin, Long Island

One of Mr. Rikon's most important victories came in October 1993, when his legal work was instrumental in changing the law in New York State to allow for damages which occur when high voltage power lines are placed over or in close proximity to property. After Mr. Rikon successfully argued that the rule of law being applied by trial courts which denied consequential damages in those circumstances was unconstitutional, the New York Court of Appeals reversed the previous decision of the Court of Claims and Appellate Division and held that a property owner was allowed to recover for the loss of value that the remainder property sustained due to the public's fear of living close to power lines. This victory gained enormous publicity, appearing in almost every New York newspaper, including the New York Times and The Wall Street Journal.

In 1999, Michael Rikon settled a claim against the City of New York for a recovery of $36 million for the taking of land and LNG tanks in Rossville, Staten Island. Mr. Rikon also handled the condemnation of an historic carousel which was condemned by Nassau County, recovering $1 million for the carousel horses, more than twice the County's offer.

Michael obtained over $13 million for Exxon-Mobil Corp. against the City of New York's original appraisal of $860,000. In doing so, he won a landmark case that holds that environmental contamination is not to be considered in a condemnation case.

Mr. Rikon frequently lectures across the country on the Law of Eminent Domain. He is on the faculty of the American Law Institute—American Bar Association's course on Eminent Domain and Land Valuation litigation.