SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, FIRST DEPARTMENT In the Matter of the Application oft Docket No, TUCK-IT-AWAY, INC., TUCK-IT-AWAY BRIDGEPORT, INC, TUCK-IT-AWAY AT 133" STREET, INC. and TUCK-IT-AWAY ASSOCIATES, LP., Petitioners, : VERIFIED PETITION For a judgment pursuant to Section 207 of the EDPL -against- NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE. DEVELOPMENT CORPORATION, Respondent. ‘TO THE SUPREME COURT OF THE STATE OF NEW YORK, APPELLATE DIVISION, FIRST JUDICIAL DEPARTMENT: ‘Your Petitioners, TUCK-IT-AWAY, INC., TUCK-IT-AWAY BRIDGEPORT, INC., TUCK-IT-AWAY AT 133” STREET, INC, and TUCK-IT-AWAY ASSOCIATES, L.P. (collectively, “TUCK-IT-AWAY” ot “Petitioners”) respectfully show and allege, by their attomeys NORMAN SIEGEL, ESQ,, Mel AUGHLIN & STERN, LLP and PHILIP VAN BUREN, ESQ, that: 1. This is a proceeding pursuant to N.Y, Eminent Domain Procedure Law (“EDPL”) § 207 to reject, annul and set aside the Determination and Findings by the respondent, EMPIRE STATE DEVELOPMENT CORPORATION (“ESDC” or “Respondent” pursuant to EDPL § 204, in connection with the Columbia University Educational Mixed Use Land Use Improvement and Civic Project (the “Project”), issued and published December 22, 2008. A true and correctcopy of the Determination and Findings is attached as Exhibit A. The Determination and Findings constitutes ESDC’s final decision to condemn and forcibly seize petitioners’ property and businesses, 2, ESDC’s Determination and Findings should be rejected because it exceeds ESDC’s statutory authority under the Urban Development Corporation Act (UDCA) § 10 (e) and violates Article I, § 7 of the New York State Constitution and the Fifth and Fourteenth ‘Amendments fo the United States Constitution, for finding in bad faith, without substantial evidence and even without rational basis thatthe project area is blighted. UDCA § 10 (c), on its face, and as applied, is void for vagueness, in violation of the due process clauses of Article I, § 6 of the New York State Constitution and of the Fourteenth Amendment to the United States Constitution. 3. The Determination and Findings exceeds ESDC’s statutory authority under the Urban Development Corporation Act (“UDCA”) § 10 (4) and violates Article I, § 7 of the New York State Constitution and the Fifth and Fourteenth Amendments to the United States Constitution, because the Columbia Project does not qualify as a “Civie Project” 4, The Determination and Findings lacks a valid publie use, benefit or public Purpose pursuant to EDPL. § 207 (c) (4) because the condemnation is not necessary and in excess of any public purpose. It is without public use, benefit or purpose because condemnation for the Purpose of economic development, in the absence of a carefully considered plan, violates the Public use clause of Article I, § 7 of the New York State Constitution and the Fifth and Fourteenth Amendments to the United States Constitution and all other alleged public uses, benefits or purposes are pretextual.3. The Determination and Findings was reached in violation of EDPL § 203 and violated the due process clauses of Article I, § 6 of the New York State Constitution and of the Fourteenth Amendment to the United States Constitution because ESDC closed its hearing record while still withholding records to which Petitioners had a legal right, 6 ESDC’s Determination and Findings was reached in violation of the procedures required by the State Environmental Quality Review Act (“SEQRA”), Environmental Conservation Law (“ECL”) Article 8. ESDC exceeded its statutory authority under UDCA § 16 by finding in bad faith and even without a rational basis that it was infeasible or impracticable to implement the Project without the override of local law. 7. The Determination and Findings violated the establishment clauses of the First Amendment to the United States Constitution, and Article I, § 3 of the New York State Constitution, and the equal protection clauses of Article I, § 11 of the New York State Constitution and of the Fourteenth Amendment to the United States Constitution because it discriminated on the basis of religion. 8. Without a valid finding that the area is substandard and insanitary, the Determination and Findings also violate Article XVII § 1 of the New York State Constitution, 9. This case is about the abuse of the government’s power of eminent domain to secure for a developer a contested area of West Harlem it had long sought to control and for Which it had formed a fully blown plan. This case is about the secret collaboration between ESDC and New York City agencies in a complex plan to give that developer, an elite private University, everything it wanted, without compromise or imitation, while evading public review and accountability. This ease is about favoritism shown to an elite private university over