'Big fat Greek diner' drives top Wall Street bank off the road

The Sunday Telegraph ^ | April 20, 2003 | Charles Laurence

[Happygal]

Hey! I'm glad we can agree. I really love the posts you make TopQuark!

BTW...

I'm a journalist in Ireland, and today, I got my first article ever posted on Freerepublic, thanks to Madivan.

I'd like it if you read it

http://www.freerepublic.com/focus/f-news/896381/posts

Anne Marie (Happygal)

[Happygal]

That was supposed to be a private reply! I am SUCH a stupid ASS!

[The Cuban]

You want a well reasoned approach bizatch? Here goes -

Facts - Large corporation invests millions of dollars in building an office building in a former blue-collar neighborhood. With little empirical support, they contend that in order to have the most efficient worker flow to their new office complex they need a four lane road. In order to build this road, they need to condemn a long established business that serves the community and provides the only 24 hour restaurant in the area. None of the workers that will work in the office building live in Jersey City. The office building is in keeping with the local urban renewal plan.

Issue - Does Public Policy favor the destruction of a well established local business, in order to render a tangential benefit to a non-resident company that prospectively might aid the local economy in the future?

Rule - The takings clause of the fifth amendment has been interprested to prohibit the taking of private property for private use even if just compensation is made. However, the supreme court has construed public use broadly, so long as the eminent domain power it rationally relarted to a conceivable public purpose. Hawaii Housing Authority v. Midkiff 467 US 229 (1984). The use of eminent domain for urban renewal is seen as a public and not a private use, so long as the taking can be seen to further the communities general welfare. See Berman v. Parker, 348 US 26 (1954).

Analysis - Though the law allows the government to take land in order to benefit a private entity, such a taking must rationally related to a conceivable public purpose. Admittedly, the freere flow of workers to the new office building is a conceivable public benefit. However, such a taking must further the communitied general welfare. Here there is a legitimate and recognized benefit provided by the flamingo restaurant. The restaurant provides quality 24 hour food service for the local residential and office community, a unique service in the area. Moreover, the presence of the restaurant tends to psychologically connect the established community with the new community by providing a common meeting ground. Moreover, public policy should respect the fruits of ones labor, such as that put in by the greek owner. The interest of goldman Sachs is to aid in the flow of traffic. The cite to the possible danger to the office workers. An analysis of the cite shows that the sidewalks are over 12 in width. Moreover, there is never much vehicular traffic, as most commuters take either the subway or the light rail, which stops directly in front of the new building. The probability of danger, is quite low. There has been no reported incident of pedestrian injury in the past. The claim of inacessability is also specious. There has never been a problem with traffic to the surrounding office buildings. Given these considerations I would hold that the balance of factors is definately in favor of maintaining the current use, the Flamingo Restaurant, as such a result would further the communities general welfare.

And another thing - I HATE YUPPIES!

[bvw]

No, just many relatives in that area.

[ehoxha]

:), fyi

[dennisw]

The little guy's an idiot. He should have taken the 1.5 mil.

[TopQuark]

Anne Marie, HappyGal, what a great news!

Thanks for the link and I am off to reading it!

[TopQuark]

Facts - With little empirical support, How do you know that that?

they contend that in order to have the most efficient worker flow to their new office complex No they do not. And please do not misuse the terms such as "worker flow:" this term is from a different course, Cuban; try to stay with the subject at hand. No need to impress us with the terminology that is irrelevant. The company is concerned with ease of access by its employees, not worket flow.

they need a four lane road. Yes. It is not clear from the article to what degree that was negotiated beforehand.

they need to condemn a long established business that serves the community and provides the only 24 hour restaurant in the area. That is not true at all. THank G-d you are not defending me in court.

It is the condemnation of the real property owned by the business that is in question.

In particular, the business may relocate into the towers once they are built and need not be terminated.

Again, when you recite the facts, try to stay on the subject.

None of the workers that will work in the office building live in Jersey City. Not a fact at all, and, given your pretense at rigour (which apparently extends only to using a writing template given to you in school). One could possibly assume at this point that a majority of workers of that office do not live in Jersey City. Moreover, even that will change once it opens: I assure you that the janitors --- and there will be quite a few needed -- will not be coming from Brooklyn.

The office building is in keeping with the local urban renewal plan. That is a hint that you are missing something REALLY important. If none of the "workers" (you should abandone this term so favored by socialists: try :employees" instead) is connected in any way to the community, why does it help the urban renewal? Explore that question, and you'll understand.

[TopQuark]

Issue - Does Public Policy favor the destruction of a well established local business, in order to render a tangential benefit to a non-resident company that prospectively might aid the local economy in the future?

Not at all: it is your prejudicial flavoring of the "issue."

The real property is not the same things as business and no one is destroying teh business --- although the owners portray it that way. The business could (i) move to another property a few hundred yards away, or (ii) rent the space in the towers.

tangential benefit You cetainly do not know how to do benefit-cost analysis in general and do not know the results of this one to claim that the benefits are tangential.

WHat's more disturbing, is that your "reading" of the situtation, down to the terms you use, is verbatim from texts on "scientific communism." With such views, what are you doing on a concervative board? Of what interest is it to you?

I HATE YUPPIES! I can see now why: they are an emblem of capitalism. They embrace and utilize the opportunities it provides, and move up as a result of their self-reliance. You, prefer otherwise, that is clear.

[The Cuban]

Yo,

Did you ask me to come up with an argument or to finish all relevant discovery within a 30 minute period? This is a basic argument, not a summation at trialafter all proofs have been shown. And point in fact, it is the only 24 hour diner in the neighborhood.

[Destro]

With the diner in a strategic area to the office building...and few alternatives to eat in that part of town..plus the fact that he could afford to send his daughter to that London school? I am guessing that $1.5 million is peanuts to that Greek American (he probably earns gross that every 2 years or so). Also he probably employs his family in the diner (he hinted as much) and they would be out of work. Greeks think in terms of multi-generations.

[dennisw]

How about 3 million or 5 million? Would that do the trick?

[Destro]

Probably unless the foot traffic into the new office complex actually boosts the diner's business and then that too could be chump change.

To us that much money is a God send, to people like the Greek diner owner they calculate earnings over a lifetime--several lifetimes even.

[TopQuark]

Yo,

Reserve that kind of language for your dog, please.

Civility of discourse is one of the things that made this country great, Mr. Conservative.

[devolve]

CLICK SANDY'S DINER AND MOVE YOUR CURSOR



ROCK & ROLL AT SANDY'S DINER

[potlatch]

Your post looks very nice devolve. I hope everyone sees it.

[devolve]

. . Thanks potlatch - I got the doors to open

[potlatch]

With your cursor or your crowbar....snicker!
Glad you did. The hoods open and the trunks also open.
Really outstanding .swf.

I found some once of a ‘town’ and in each scene you could click on each person and it would bring up a larger picture telling about them. It was a 1950 thing too.

[devolve]

.

I worked just like the black cat .swf did - took me a bit to figure it out

Center row of links is audios of horns and cars starting

Top row is links to other sites

[potlatch]

[Center row of links is audios of horns and cars starting]

I know, I wrote all that to you last night, did you see it?

http://www.freerepublic.com/focus/news/2270082/posts?page=44#44

I thought the first car on the left in back made a tiny tune sound but you know my hearing.