 In Brody v. Village of Port Chester ( 2003 and 2005 ) , a takings case , Sotomayor first ruled in 2003 for a unanimous panel that a property owner in Port Chester , New York was permitted to challenge the state 's Eminent Domain Procedure Law . A district court subsequently rejected the plaintiff 's claims and upon appeal the case found itself again with the Second Circuit . In 2005 , Sotomayor ruled with a panel majority that the property owner 's due process rights had been violated by lack of adequate notice to him of his right to challenge a village order that his land should be used for a redevelopment project . However , the panel supported the village 's taking of the property for public use . 
