Litigation - Recent Cases. Property Devaluation.
Reiss et al. v. Consolidated Edison Company of New York, Inc.

On January 10,1997, plaintiffs filed a notice of appeal saying that the value of their property fell by one-third after the installation of a nearby 345-kilovolt power line. The Court from which the appeal was taken is the Supreme Court, Appellate Division, Third Department which affirmed on December 5, 1996 the dismissal of their reverse condemnation suit to the New York Court of Appeals.

The issues raised in the appeal of Howard and Eva Reiss included whether the Appellate Division recklessly failed to apply the state Court of Appeals' 1993 ruling in Criscuola v. Power Authority of the State of New York, 81 N.Y.2d 649 (1993) which allowed property owners to collect damages for loss in property value caused by public fear of electromagnetic fields without proof that such fear is scientifically reasonable.

The appellants asked the New York Court of Appeals for a determination as to whether there is an actionable claim for inverse condemnation and taking of property when there is a permanent invasion of the property by an electromagnetic field which is not perceptible by the five senses without the aid of scientific measuring devices.

The Reisses believe they have a valid claim for inverse condemnation because EMF from the high tension powerline caused harm and damage by diminishing by 30% the market value of their property. This significantly interferes with their constitutional right to dispose of the property.

The notice of appeal was filed by Michael Rikon of Goldstein, Goldstein & Rikon and by Eric Bregman, Andrew J. Gershon and Steven Barshov of Sive, Paget & Riesel, P.C. Con Edison is represented by corporate attorneys Richard W. Babinecz, Francis M. Leonard and Maura A. Kilroy.