Saturday, February 24, 2007

Federal Magistrate Recommends State Courts Hear Eminent Domain Case

A Federal Magistrate has said that the Atlantic Yards eminent domain case should be heard in state court. The decision actually focuses on procedural issues, not the specific issues raised in the case. Atlantic Yards Reports notes that while the Judge's "recommendation to federal Judge Nicholas Garaufis is not binding, judges generally follow such recommendations. Still, the parties in the case have ten business days to file objections, and Develop Don’t Destroy Brooklyn, the coalition organizing the 13 plaintiffs—homeowners, business owners, and renters—promised to do so."

The Judge wrote:
This action represents important public policy concerns and is essentially local in nature...The state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction.
Develop Don't Destroy Brooklyn responded with a press release saying that the decision reflects the strength of the merits of their case and that they hope to prevail with the presiding Judge.

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