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Updated 12/04/2009 12:51 PM

Court Decision Puts Halt On Columbia Expansion

By: NY1 News

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An appellate court awarded two small businesses a big victory over Columbia University, ruling Thursday that property owners can't be forced to give up land the school needs for an expansion project.

In 2001, Columbia began efforts to create a $6 billion campus in Manhattanville. The school partnered with the city and the state to use eminent domain to buy out neighborhood businesses.

Columbia already owns or controls about 91 percent of the 17 acres it needs. But two businesses stood up to the expansion, including Tuck-it-Away storage.

"The state and Columbia had no desire to compromise, they wanted it all. And it's the basic principle, in fact, that every small child learns from their parent just because you want something doesn't mean you can take it. And unfortunately Columbia has yet to learn that," said plaintiff Nick Sprayregen.

The court ruling says taking the properties to benefit an elite private university is unconstitutional and unwarranted.

Attorney David L. Smith said the ruling gives hope to owners of small businesses.

"The tide is turning. The public is tired of private entities going in and trying to just take the properties of small businessowners," said Smith.

The Empire State Development Corporation, the agency that approved the use of eminent domain, plans to appeal the ruling.

In a statement, the agency said, "ESDC believes the decision to be wrong and inconsistent with established law, as consistently articulated by the New York State Court of Appeals, most recently with respect to ESDC's Atlantic Yards project."

Columbia declined to comment on the ruling.