Tuesday, April 01, 2008

Atlantic Yards Eminent Domain Appeal Filed with Supreme Court

The 11 property owners and tenants fighting the use of eminent domain for the troubled Atlantic Yards project have filed an appeal to the U.S. Supreme Court. The petition asks the Court to hear the appeal of the eminent domain case, which was dismissed on February 1. Goldstein v. Pataki was originally filed in October 2006. The Atlantic Yards opponents argue that hearing the case "provides the Court with an important opportunity to address the appropriate constitutional limits on the government's power to seize private homes for the benefit of powerful real estate developers like Bruce Ratner. The group's legal argument is that there is only a "pretext of a public purpose" for taking land for Atlantic Yards via eminent domain where the "actual purpose" is "to bestow a private benefit." The full petition and other paperwork are here. The Court only accepts a handful of cases each year, but the group plans to pursue the legal fight in state court if the Supreme Court does not accept the case or if they lose. The state court process could delay any possible start of the project by an additional 1-2 years. More coverage at Curbed and Brownstoner.

Labels: ,

4 Comments:

Blogger Peregrine said...

"The 11 property owners and tenants fighting the use of eminent domain for the troubled Atlantic Yards project have filed an appeal to the U.S. Supreme Court.

…but the group plans to pursue the legal fight in state court (where lower Federal courts have said the case should be heard) if the Supreme Court does not accept the case or if they lose. The state court process could delay any possible start of the project by an additional 1-2 years."


The continued waste of people’s time and money is tragic.
The only thing delaying the project is the subprime debacle and the dept accrued by Bush’s war.
Meanwhile Norman Odor, AYR, and DDDB are deluding themselves that that have any effect on the project at all.

10:57 AM  
Anonymous Anonymous said...

Wow, Peregrine, you're consistent.

But wrong as always. If there had been no lawsuits, the project would be much further along and we'd be forever committed to it. Without the lawsuits, we'd have an even bigger mess for years as the project slowed due to the economy.

11:32 AM  
Anonymous Anonymous said...

so, Peregrine, you are saying the project is delayed because Ratner has been incompetent and can't get his project financed or moving forward. right?

11:52 AM  
Blogger Richard Nickel, Jr. said...

Just a reminder - tomorrow evening (4/3), at 6:30, there will be a gathering in front of the Brooklyn Museum to protest the Museum's honoring of the Rat man at a $1,000-a-plate dinner.

8:40 AM  

Post a Comment

Links to this post:

Create a Link

<< Home