« Dumbo on the Cheap: Half Mil+ Entry Fee Gowanus By Water Taxi »

June 23, 2008

Supreme Court Won't Hear AY Eminent Domain Case

supreme%20court%20ixnay.jpg The Supreme Court announced today that it won't grant a hearing to a group that sued over the planned use of eminent domain for Atlantic Yards. Eleven property owners and tenants wanted to appeal a lower federal court's dismissal of an eminent domain case and have the High Court clarify constitutional limits on private-home seizure. Now that the eminent domain case is toast on a federal level, the plaintiffs are going to file suit in state court, according to a press release from Develop Don't Destroy Brooklyn (copy on jump). "We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound. New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened. Recent events have revealed that the public, and the Public Authorities Control Board were sold a bill of goods by Ratner and the Empire State Development Corporation. We now know that Ratner’s project will cost the public much more than it will ever receive," said lead attorney Matthew Brinckerhoff of Emery Celli Brinckerhoff & Abady LLP. "Now we will turn to the state courts to vindicate our rights. We will soon file an action in New York state court under state law as we were expressly permitted to do by the rulings of the federal courts." A statement from Forest City Ratner is presumably forthcoming.
Update: The Real Estate got the following statement from Forest City chairman Bruce Ratner: “We believe, and the courts have repeatedly agreed, that Atlantic Yards provides significant public benefits including thousands of affordable homes and much needed jobs for Brooklyn. We are gratified that the Supreme Court has decided to put an end to this lawsuit. The opponents have now lost 20 court decisions relating to Atlantic Yards and we are now one step closer to making these benefits a reality for the borough and the City.”
AY Owners, Renters File Eminent Domain Appeal [Brownstoner]
Photo by dbking.

The United States Supreme Court denied the petition to grant a hearing (cert petition) to eleven property owners and tenants who asked the court to hear their appeal on the Second Circuit Court’s dismissal of their challenge to the use of eminent domain for Forest City Ratner’s Atlantic Yards development proposal in Prospect Heights, Brooklyn. The petition asked the Court 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 Court’s denial of the petition in Goldstein et al. v. Pataki et al. does not affirm or deny the plaintiffs’ arguments, nor is it the end of the legal road for the plaintiffs.

The plaintiffs, fighting to prevent the seizure of their homes and businesses for the benefit of Forest City Ratner, will now pursue their eminent domain challenge in state court under New York State law.

"We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound. New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened. Recent events have revealed that the public, and the Public Authorities Control Board were sold a bill of goods by Ratner and the Empire State Development Corporation. We now know that Ratner’s project will cost the public much more than it will ever receive," said lead attorney Matthew Brinckerhoff of Emery Celli Brinckerhoff & Abady LLP. "Now we will turn to the state courts to vindicate our rights. We will soon file an action in New York state court under state law as we were expressly permitted to do by the rulings of the federal courts."

Besides the eleven plaintiffs on Goldstein et al. v. Pataki et al. there are approximately 30 other residents and business owners in the project’s footprint whose properties would be seized for Forest City Ratner’s benefit.

Ironically, today is the 3rd anniversary of the Supreme Court’s extremely controversial 5-4 decision in the eminent domain case Kelo v. The City of New London. The plaintiffs in the Brooklyn case did not seek to overturn Kelo, but rather utilize the majority and concurring opinions to make their case.

The petition and all lower court briefs and decisions in Goldstein et al v. Pataki et al can be found at: http://www.dddb.net/eminentdomain.

Trackback Pings

TrackBack URL for this entry:
http://www.brownstoner.com/mte/mt-tb.cgi/5285

Comments

Good, now start building.

Posted by: guest at June 23, 2008 10:44 AM

This is only news to people who know nothing about the law and the SCt.

There was always ZERO shot that the SCt would take a case so similar to Kelo only 3yrs later. If DDDB had any other plans other than delay they were sadly misinformed.

Posted by: guest at June 23, 2008 10:45 AM

Start building what, exactly?

Posted by: guest at June 23, 2008 10:46 AM

an arena and a couple other shitty buildings, 10:46. can't wait for the first Van Halen concert!

Posted by: guest at June 23, 2008 10:49 AM

This just in - Ratner's still broke.

Chances of New York taxpayers ponying up the remaining $1.950 billion Ratner needs also ZERO.

Posted by: Johnny at June 23, 2008 10:56 AM

Van Halen concert?

Better make that stadium accessible to geezers with walkers.

Posted by: guest at June 23, 2008 10:58 AM

All DDDB sympathizers continue to write your fund raising checks to Goldstein Inc that way he can continue to pay his girlfriend $40k salary to be a secretary.

Posted by: guest at June 23, 2008 10:58 AM

oh, gehry has some beautiful rampage for the old folks.

Posted by: guest at June 23, 2008 11:14 AM

Ha! Ha! Anyone with half a brain saw this coming from a mile away.

The DDDB crowd is, without a doubt, the most ineffective group of community organizers ever seen. They have stumbled and fallen every step of the way and are 100% guaranteed to fail in state court.

I recently saw a fox news report on eminent domain which mentioned that Daniel Goldstein's wife is pregnant. This makes my suspicion that they no longer reside in that condo all the more likely. It is doubtful that a pregnant woman would live in a large, empty building just to prove a point. I recall seeing a political donor list where she listed a West End Ave. address - I'd bet that they reside there full-time and only return to Pacific Street for the (now rare) photo-op.

Hey, I wish them well. Now that their silly fight is almost over, they can move on to the more important task of raising a child.

Posted by: guest at June 23, 2008 11:14 AM

Worst case the whole boondoggle is already delayed for years by all the opposition. Best case and more likely each day is the whole plan collapses and we do something that makes more sense. Ineffective? Ineffective like a fox!

Posted by: guest at June 23, 2008 11:21 AM

DDDB are absolutely ridiculous. First, they file a bunch a frivolous lawsuits to delay the project. The obvious goal of their delay tactic was to stretch the outcome out until (i) there was a change in market conditions, therefore making the project financial unreasonable, and/or (ii) there was a change in political climate (at the city or state level or both) which would allow them to lobby for a retroactive review of Atlantic Yards. They are about 75% of the way where they think they want to be. The financial markets are now in tatters and as a result, the cost of building the project has skyrocketed. Furthermore, Bloomberg has another 18 months in office (which we all knew would be the case) and Spitzer got himself booted out of office (which we did not anticipate). From DDDB's point of view, all they have to do is keep filing their frivolous lawsuits which they know they have absolutely no chance of winning, and hold out another 18 months until Bloomy is gone and there will be a complete 180 degree turn both the economic and political climate. The only problem is (A) none of the political establishment on either side of the aisle has voiced serious antipathy towards the project (even the rally amongst the elected officials last week took a "mend it don't end it" approach) and (B) it will take a heck of alot for Ratner to walk away from the $400 million from Barclays. Worst case scenario, Ratner only build the arena and scraps the rest of the project by securitizing the Barclays annuity and soliciting financing for the rest (even is this climate, it's still possible to obtain financing on a 60% loan-to-value). So, this drama will continue to play itself out for at least the next year and a half, and ultimately, we will end up with an arena and 7 blocks of surface parking...courtesy of DDDB.

Posted by: guest at June 23, 2008 11:23 AM

Keep adquiring properties and keep demolishing what's there.
See ya, Danny. Take the three of ya back to the Upper West Side.
And the trustafarians, too.

Posted by: guest at June 23, 2008 11:24 AM

Right, $40 grand is something to be concerned about but $2 billion isn't. Ratnerville's not getting built. The $50 mil we already gave Ratner (for affordable housing no less!) is already coming across as the fraud that it is.

We're gonna give him the rest of the $2 billion? I think politicians like to get reelected. Any of them try and pass property tax increases while funding Ratner's handout are gonna get a lot of heat. I can see the stump speeches now - "Tax hikes are good for you. Remember, all we have to do is give this guy $2 billion of our tax money over the next ten years and over 30 years he's gonna give us a billion dollars back! Vote Quimby."

Posted by: Johnny at June 23, 2008 11:26 AM

11:21, you know as well as I do that the same jokers that are anti-Atlantic Yards today will be anti-"Unity Plan" tomorrow. These fools are a bunch of trust fund babies with nothing better to do with their time. It's impossible to build anything in New York City. We all know that without eminent domain, Times Square would still be one giant crackhouse. Guaranteed that if AY collapses, which it well may, the corner of Flatbush and Atlantic will be a whole in the ground for the rest of all of our lives. I'm not sure if AY will happen, but I'm CERTAIN that if it collapses, some group of jokers will come out of the woodwork to form "Stop the Unity Plan Now!"

Posted by: guest at June 23, 2008 11:30 AM

everyone knows that at this point the supreme court is a hoax anyway.

Posted by: guest at June 23, 2008 11:30 AM

I hope none of you people have a cause, or have something happen to you, or your friends or family, that will make you see that you are going to have to fight your local, state government. You can vote all you want, sign petitions and the like. But all you people who love this or think DDDB is ridiculous, one day the chickens will come home to roost, and you will find, that you have no voice. And not even this blog, will save you. I don't wish that on you, but someday, a hospital, an agency, a neighbor, a corporate entity, a product something will harm you, and you will be helpless. And you can think back about how you cheered on the concept of rolling over and taking everything that came your way.

To tell someone to go to the Upper West side is just plain stupid you pathetic little troll. No one lived up there, and it has nothing to do with it. Bruce Ratner was a trust fund baby, given everything on a platter, so shove it up your non collective ass.
Keep kissing Jay Z and Bruce's butts, see if you can even afford to see anything at that stadium - better get a tin can because you will be begging on the street for quarters when this project is through. Remember that.

Posted by: guest at June 23, 2008 11:32 AM

"The DDDB crowd is, without a doubt, the most ineffective group of community organizers ever seen. They have stumbled and fallen every step of the way and are 100% guaranteed to fail in state court."

The goal was never to win on the merits. It never is in any of these suits. The goal was to stall and bleed Forest City Ratner who, apparently, expects to get all the money back from taxpayers.

How many months of delay for the Supreme Court? Perhaps not as many as DDDB would have liked. However, it is pretty "effective" to kill a project when the courts rule you were in fact wrong and the project should have gone ahead, isn't it?

Posted by: guest at June 23, 2008 11:39 AM

D-E-A-D D-O-O-R-N-A-I-L D-E-A-L.

You asshats can rip DDDB all you want and sit and wish for broke Bruce to come build your big glass fat cat welfare hotels but it WONT HAPPEN. You're the dicktards who bought his bill of goods, took his cheap bribes and smoked his micro-pole. Now get ready to live in hell.

Posted by: guest at June 23, 2008 11:39 AM

Ohhhh, 11:32, you're scary!!

Posted by: guest at June 23, 2008 11:45 AM

Well well.. I don't think you have to worry about Atlantic Yards, it's dead in the water. Ratner doesn't have the money to start construction and just jerking everybody along. I bet when the shat this the fan he will say "Due to the turmoil in the markets we are UNABLE to complete AY"

Brownstoner Brooklyn will be toast. Plus i you come to Pacific and Vanderbilt you will see me in my M.C. Hammer pants doing this.

Mc Hammer can't touch this

http://www.youtube.com/watch?v=EMzoBkaFxh4

The What (Awwww...)

Someday this war is gonna end....

Posted by: what at June 23, 2008 11:46 AM

They point is that without DDDB and their frivoulous lawsuits the arena would have been built, the affordable housing would be under construction and the bill would not be $2 billion. Look, AY is far from perfect and the scale is way out of scope with the surrounding community, but the last time I checked before the proposal of this project, I didn't see developers rushing in to build anything at the corner of Flatbush and Atlantic. It's not like the so-called "unity plan" was the first proposal proposal and the city rejected it in favor of Atlantic Yards. The reality is that the area has been a whole in the ground for 50 years and if AY tanks, it will be a whole in the ground for next 50 years. I don't know if AY will happen, but believe me the Unity Plan will NEVER happen, and the Goldsteins (and their band of merry trustafarians) will all move out Westchester, Rockland and Nassau to raise their kids.

Posted by: guest at June 23, 2008 11:54 AM

The What = Daniel Goldstein. Good luck with the baby What/Goldstein...how's the house hunting in Pelham?

Posted by: guest at June 23, 2008 12:05 PM

11:32 may be scary, but makes total sense. If only we could all just follow the leader blindly like 11:45

Loser

Posted by: guest at June 23, 2008 12:06 PM

News Flash:
Ratner does not give his rat's ass about poor black people. You can call dddb frivilous, but that just proves your stupidity.

hey the What, go suck some asbestos in your dark dark basement.

Oh and guess where Bruce lives? The richest district in Manhattan, richer than um Pelham or whatever the heck place you are talking about.

Posted by: guest at June 23, 2008 12:08 PM

Brownstoner posters hate babies. Shocking. And they weave rastafarian with trust. Next.......snooooooze.

Posted by: guest at June 23, 2008 12:09 PM

12:05 may a crane fall on your head.

Posted by: guest at June 23, 2008 12:10 PM

The best part about you dick wads who point fingers at DDDB is that you spend your day reading BROWNSTONER a blog about overpriced housing and other luxuries. Chances are you are not exactly living in poverty, so get over yourself. Chances are you are a spoiled whiney troll who gets off on other people's misery and then disguise it by pretending you are some poor hard working person who has been with out privilege your whole life.

People who post on blogs all day should not point fingers at people who post on luxury related blogs all day.

Posted by: guest at June 23, 2008 12:13 PM

Hey What how will the war end with you continually instigating it?

Posted by: guest at June 23, 2008 12:15 PM

"You can vote all you want, sign petitions and the like. But all you people who love this or think DDDB is ridiculous, one day the chickens will come home to roost, and you will find, that you have no voice. And not even this blog, will save you. I don't wish that on you, but someday, a hospital, an agency, a neighbor, a corporate entity, a product something will harm you, and you will be helpless."

This is a superb example of the fear tactics upon which the anti-AY crowd has so heavily relied. Fear of traffic, crowds, poor people, rich people, gentrification, terrorist attacks, parking lots, drunken basketball fans puking on stoops, etc. That's one of the many reasons they have failed.

Posted by: guest at June 23, 2008 12:20 PM

blah blah blah. the state should take back the money to be paid for these ED properties as compensation for the plaintiffs' abuse of the ny court system.

Posted by: BrooklynLove at June 23, 2008 12:26 PM

How do people feel about Freddy's Backroom closing? I am mixed -

Posted by: guest at June 23, 2008 12:28 PM

"However, it is pretty "effective" to kill a project when the courts rule you were in fact wrong and the project should have gone ahead, isn't it?"

Sure, it'd be effective it the project were killed, which is not the case. Once again, Ratner has not abandoned AY, a fact that you people love to overlook. Yes, it will take longer, but it will still be built.

And the almighty Goldstein and family will thereafter depart for some upstate hamlet where he will probably join the local community board and make a nuisance of himself in another place.

Posted by: guest at June 23, 2008 12:28 PM

For all those anti-AY people who predict the end of the earth when built - I suggest you take a ride over to Ikea one of these days - because they predicted the end-of-the-world for that as well.....and you know what - the Earth still spins, there are still 24 hrs in a day and despite being packed - the traffic is not a "nightmare" and all of Red Hook looks like it very well might gain from the exposure.

Posted by: guest at June 23, 2008 12:39 PM

George Carlin, 71, Irreverent Standup Comedian, Is Dead

http://www.nytimes.com/2008/06/24/arts/24carlin.html?_r=1&hp&oref=slogin

Today The What is very sad. A true American has passed and I hope he get a good rest. George Carlin always spoke the truth and he will be missed..

The What

Someday this war is gonna end...

Posted by: what at June 23, 2008 12:43 PM

D-O-N-E-D-E-A-L!!!

Posted by: guest at June 23, 2008 12:50 PM

stick-a-fork-in-it-it's-done-deal

Posted by: guest at June 23, 2008 12:57 PM

RIGOR MORTIS HAS SET IN ON THIS DEAL. IT'S ROTTING. MAGGOTS. DEAD.

Posted by: guest at June 23, 2008 1:05 PM

"Our claims remain sound."

TOOT TOOOOOOOOOOOOOT!!!

"New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened."

Ahhhh, the art of interpretation. Very creative. Now get your ass out of the way.

Go Brooklyn Nets!!!

Posted by: guest at June 23, 2008 1:06 PM

for those of you who think this case and this fight against Atlantic Yards is all about Goldstein (which of course it isn't) then let's all agree that the corollary is that the Atlantic Yards project is all about Bruce Ratner, which, of course, it is.

Love,
Bruce Ratner
Blight Mogul

Posted by: guest at June 23, 2008 1:12 PM

Re: George Carlin

Funny you shout him out, The What. I compared him to you many months ago when asshats complained about your use of "French" as they attempted to invalidate your arguments.

May he R.I.P.

Posted by: guest at June 23, 2008 1:15 PM

ratner > all of anti-AY.

however, irs > ratner. stay tuned.

Posted by: BrooklynLove at June 23, 2008 1:27 PM

The funny thing is that Ratner will probably just adopt DDDB's strategy = delay. The DDDB court cases actually work in Ratner's favor because by the time all the motions and the appeals work their way through the system (probably some time in 2010), the economy will probably be in better shape and Bloomberg (a proponent of the plan) will be on his way to getting elected governor. I'm not sure why people think that Ratner is just one day gonna hold a press conference and announce that the deal is dead. Just as DDDB's delaying strategy was intended to stretch the proceedings out until the economic and political climate went sour, Ratner could just wait it out until it turns in the other direction. We know that Goldstein is a trust fund baby, but Ratner presumably can outspend Goldstein. ESDC has given him six years from the clearing of the last of the lawsuits to build the arena and 10 years to complete phase one. Why wouldn't he just wait it out? It's not like Metrotech was built over night....

Posted by: guest at June 23, 2008 1:35 PM

Go Brooklyn Nets!!!

Posted by: slick at June 23, 2008 1:36 PM

So after the New York State courts bitch slap Goldstein and his band of merry trustafarians, who are they going to appeal to next? The world court?

Posted by: guest at June 23, 2008 1:39 PM

Go Newark Nets!!!

Posted by: guest at June 23, 2008 1:40 PM

Bruce Bender, is that you or Joey DePlasco?

Posted by: guest at June 23, 2008 1:43 PM

why doesn't Ratner build right now? what's his problem? not man enough?

Posted by: guest at June 23, 2008 1:44 PM

"I'm not sure why people think that Ratner is just one day gonna hold a press conference and announce that the deal is dead."

Thank you. But you must remember: you are not dealing with normal, rational people here.

"We know that Goldstein is a trust fund baby, but Ratner presumably can outspend Goldstein."

Correct again. This has always been a battle of the rich vs. the richer.

"ESDC has given him six years from the clearing of the last of the lawsuits to build the arena and 10 years to complete phase one."

Inonvenient facts willfully overlooked by the DDDB crowd, but entirely relevant to this discussion.

Great post!

Posted by: guest at June 23, 2008 1:50 PM

"The DDDB court cases actually work in Ratner's favor because by the time all the motions and the appeals work their way through the system (probably some time in 2010), the economy will probably be in better shape and Bloomberg (a proponent of the plan) will be on his way to getting elected governor."

Stop hogging the joint! The appeals work in Ratner favor because when the crash is on he will move the nets to NEWARK NJ! He will say thanks Brooklyn but, they wouldn't let me build it!

As far as the eCONonmy goes we will be in full blown depression! The stock market will be reeling and interest rates will be north of 10%. Keep jigging yourself!

The What (Are you that stupid!)

Someday this war is gonna end...

Posted by: what at June 23, 2008 2:10 PM

What...you're and idiot...go away. You're not interesting anymore

Posted by: guest at June 23, 2008 2:13 PM

1:35 = good analysis. Unfortunately, The What might be right. It can go either way.

Posted by: guest at June 23, 2008 2:20 PM

"What...you're and idiot...go away. You're not interesting anymore"

OK Asshat, come up with some reasons that Ratner will build AY in a Credit Crunch! Come up with (Good) reasons why a Billionaire is going to throw away money on this project! The Taxpayer (Asshat) is funding this mess, stupid and Ratner has no skin in this game.

You know how people get rich? By using other people (Asshats) money!

"You're not interesting anymore"

Not to you........

The What

Someday this war is gonna end...

Posted by: what at June 23, 2008 2:22 PM

"Unfortunately, The What might be right. It can go either way."

Remember, DDDB and Goldstein has given Ratner his "Exit Strategy" on a silver plate! The Prudential Center awaits the Newark Nets, Dumbasses!

Lookie here---> http://www.prucenter.com/

The Prudential Center, in downtown Newark, NJ, hosts about 200 events a year, including NHL New Jersey Devils hockey, Seton Hall basketball

The State of NJ is ready to give Ratner 30 years TAX FREE income!!!!! Plus they will pick up the construction costs of Brooklyn!!

Yep Asshats, Newark Is waiting for the word and you are delusional that AY will be built.. You people are so sad.... Ratner has made sucker out of all of you.. That man does NOT care about Brooklyn, just the money...

The What

Someday this war is gonna end....

Posted by: what at June 23, 2008 2:31 PM

Newark? Hah!

Ratner is taking the Nets to Dubai.

Remember folks, you heard it here first.

Posted by: guest at June 23, 2008 2:36 PM

Here's my take: If the IRS grandfather's Atlantic Yards into the tax exempt bond "loophole" Ratner will carry on...if the IRS decision goes the other way, he sells the team to the NJ investors and the Nets move to Newark...and we remain the only borough without a team.

Posted by: guest at June 23, 2008 2:47 PM

Better no team than a lame team.

Posted by: guest at June 23, 2008 2:48 PM

Is the term "Asshat" a gay slur? Otherwise what the hell does it even mean

Posted by: guest at June 23, 2008 3:03 PM

Why are you people so upset about DDB when its Ratner who is ripping you and your neighborhood off?

Posted by: guest at June 23, 2008 3:14 PM

Because we don't think that Ratner is "ripping us and our neighborhood off". That's another reason why you people have failed: you can't realize that some people want AY to happen.

Posted by: guest at June 23, 2008 3:20 PM

"some people want AY to happen"

Sometimes you feel like a nut.

Sometimes you don't.

Posted by: guest at June 23, 2008 3:26 PM

Correct, and I don't, 3:26.

After all, I'm not the one who believes he can still win in court after 20 losses.

Posted by: guest at June 23, 2008 3:39 PM

Why are you people so upset about DDB when its Ratner who is ripping you and your neighborhood off?

Whether AY is a Ratner rip-off or not, doesnt change my disgust for a self-serving organization that claims to represent the community (but doesn't), whose only real agenda is NIMBY (despite the name) and who will do anything and say anything (truth be damned) to promote this agenda.

Posted by: guest at June 23, 2008 4:22 PM

So um mr. 4:22 what is that agenda exactly?

you people can continue to promote self serving scum bags like bruce ratner go ahead. I don't. But either way you wont' be able to afford to live there anyway. So you can hate dddb people all you want, but luckily your opinion does not count for much either way. You will be forced to live in Pelham too.

Sorry for you

Posted by: guest at June 23, 2008 5:37 PM

Posted by: guest at June 23, 2008 12:39 PM

Yes and guess what it doesn't take one day for a disaster to occur.
I don't think AY will end the world, but if you think it will make your world better, then you are pathetic. You won't be able to afford it. I can't wait! It will be great when you low life people are inadvertently thrown out of the neighbor hood by Gehry and Ratner, because you won't be able to afford it. Ha Ha Ha Ha

Posted by: guest at June 23, 2008 5:40 PM

Why don't you guys just hold a rally so you can suck Bruce's you know what if you love him so much. And then we can take a wrecking ball to your troll hideout, and build a hockey arena over it.
Project would be awesome if Ratner would just knock down his losing mall. But you numb nut brains have no concept of what these court cases are even about. And if you had to point out where this luxury condo complex was being built, you probably could not. I know let me tear down your troll basement, throw you a few bucks, then rebuild it and then call me a savior.

Posted by: guest at June 23, 2008 5:44 PM

5:40 you're a moron...did you even graduate from high school? I'm pro-AY, but even I know that one of the negative aspects of this project is that it's actually going to DROP property values. You don't just drop 6,400 new apartments into a neighborhood without it having the effect of lowering property values. It's the most simple law of economics = supply and demand. AY will most certainly created a glut which will adversely effect values around it.

Posted by: guest at June 23, 2008 5:45 PM

Brooklyn sux they should graze the entire borough, rid it of all you self righteous blog trolls and start over. Now that would be awesome.
Who the hell wants to live amongst you nasty jealous Ratner loving people who can not seem to have an original thought if your very life depended on it.

Posted by: guest at June 23, 2008 5:46 PM

5:44....cocaine is a hell of a drug

Posted by: guest at June 23, 2008 5:46 PM

How did you ever get the idea the Dan Goldstein has a trust fund or is wealthy? I think this just shows how people spin the truth to get some point across. Please remember it is Bruce Ratner who is ripping you off. (unless you work for him and I think a lot of these pro yards posters are)

Posted by: guest at June 23, 2008 5:56 PM

5:45

You are the moron. There are almost 1,000,000 housing units in Brooklyn. 6,400 apartments is nothing.

In the 1950s, over 250,000 housing units were brought online in less than 10 years. Historically, we are nowhere near the level of new construction that this city experienced prior to the radicalization of the city government in the 1960s with the revised zoning code and the rent stabilization laws in the 1970s.

Kings County is the most crowded county in the nation in terms of population density per housing unit. The demand for housing couldn't possibly be greater.

Posted by: Polemicist at June 23, 2008 6:01 PM

Hey Polemicist, go back to sleep.. ZZZZZZZZZZZZ

The What

Someday Asshats like Polemicist wont have access to a computer

Posted by: what at June 23, 2008 6:25 PM

heres the e mail i got from the nets today. i am a season ticket holder.

FOREST CITY RATNER STATEMENT ON UNITED STATES SUPREME COURT DECISION
NOT TO HEAR EMINENT DOMAIN CASE

June 23, 2008 - Brooklyn, NY - Bruce Ratner, the CEO and Chairman of Forest City Ratner Companies, today applauded the United States Supreme Court decision not to hear an eminent domain suit requested by opponents of the Atlantic Yards project.

Today the Supreme Court, the highest court in the land, affirmed the State's right to use eminent domain relating to Atlantic Yards.In February, the Court of Appeals, Second Circuit, unanimously affirmed the District Court's decision in a case brought by opponents of the Atlantic Yards project in Brooklyn on the grounds that the use of eminent domain violates the Public Use Clause of the Fifth Amendment. The District Court had previously decided against the plaintiffs in the case citing the numerous public benefits generated by the project.

"We believe, and the courts have repeatedly agreed, that Atlantic Yards provides significant public benefits including thousands of affordable homes and much needed jobs to Brooklyn," Mr. Ratner said. "We are gratified that the Supreme Court has decided to put an end to this lawsuit. The opponents have now lost 20 court decisions relating to Atlantic Yards and we are now one step closer to making these benefits a reality for the borough and the City."

Background on Atlantic Yards

Construction on the Site
- Construction work on Atlantic Yards began in February of 2007. FCRC expects to open the Barclays Center in the 2010 calendar year.

- To date, roughly 53% of the structures on the site have been demolished or are in the process of being demolished. 30 structures have been demolished and an additional 3 buildings are being demolished or are slated to be demolished in the short term. There are 11 vacant lots and 29 other remaining structures.

- Minority- and women-owned businesses have received a large percentage of the work. Construction contracts awarded at Atlantic Yards total approximately $43 million. The total MBE awards are $16.4 million or approximately 38% of total purchases. The total WBE awards are $2.9 million or approximately 7% which brings the total M/WBE participation thus far to $19.4 million or approximately 45%.

- Construction of the Temporary Rail Yard is under way. The Carlton Ave bridge is in the process of being demolished and critical upgrades to the 100 year old sewer and water infrastructure have begun.

Legal Update
- February 1, 2008. US Court of Appeals, the Second Circuit, unanimously rejects the opponents' appeal in the federal eminent domain lawsuit that was dismissed in June, 2007.

- January 15, 2008. The Appellate Division of the New York State Supreme Court unanimously dismissed a challenge to the project approvals under Section 207 of the Eminent Domain Procedure Law in November 2007. Opponents' request for an appeal was denied in January, 2008.

- January 11, 2008. NY State Supreme Court rules against opponents in a case on environmental review procedures. Opponents are appealing the case.

- October 2007. A second suit brought in the NY State Supreme Court challenging the State's use of eminent domain was dismissed in May 2007, and the dismissal was affirmed by the Appellate Division in October 2007.

Posted by: guest at June 23, 2008 7:45 PM

Press releases always tell the truth.

I'm now a believer.

Heal my sickness, Bruce Almighty, heal it!

Posted by: guest at June 23, 2008 7:50 PM

Couple of interesting points regarding the Nets press release (i) it's interesting that FCR says that construction on Atlantic Yards started in Feb 2007 (have we heard this before?). This would appear to be part of a strategy on the part of FCR to establish that the project should be grandfathered in should the IRS repeal tax exemptions on bonds issued for sports venues, (ii) the fact that 38% of the contracts are being awarded to MBE's is pretty noteworthy. I have noticed that the condesending "liberal" whites on this blog love to tell black people that we are being used by Ratner and that we are pawns in his game (because rich white trust fund NIMBY's are our friends and will protect us from our uneducated selves, and from big bad rich white developers like Ratner), but money talks and bullshit walks...most projects of this scale only have have around 12-15% minority set asides. This is part of the reason why I have been more pro-AY than anti-AY (despite the fact its problems).

Posted by: guest at June 23, 2008 8:08 PM

7:50 - like it or not that is an absolutly accurate rendition of the legal history of the case.
The part they ignore is that the delay as a result, and the change in the economic climate since. Which will likely result in an arena surrounded by vacant lots/parking...all hail DDDBs success!

Posted by: guest at June 23, 2008 8:09 PM

Why is Ratner blaming the economic climate for his failure to launch?

Was he not prepared for changing economic circumstances?

Doesn't sound like he was ever up to the task.

Posted by: guest at June 23, 2008 8:20 PM

Because ratner is an F'wad and never planned on building housing for poor black people, only now he can blame it on the economy. It is no mystery, whether you nut job "pro AY" wack jobs like it or not. He is a greedy self righteous, self serving greedy guy. It only takes a group of 12 like minded Supreme Court power mongers to continue that.

If you think DDDB is frivilous, just wait as your tax dollars go down the drain for a bunch of luxury condos in your hood.

Posted by: guest at June 23, 2008 8:44 PM

Dear 5:45

Posted by: guest at June 23, 2008 5:45 PM

You are calling me a moron? So you know it will affect negative property value, and you know it will create glut, but you still love it? I'm the moron? Supply and demand is something that plays with the market "allowing." Ratner is demanding and then maybe he will be supplying. You are complete jack ass, if you think that his project is the outcome of actual economic laws. If you do think so that you should also be very happy to help subsidize lower income families ala welfare programs and subsidies. However something tells me that a true moron like you, probably has no respect for low income people either. You describe corporate welfare, not supply and demand. And yes I graduated high school, and college and graduate school. You?

Posted by: guest at June 23, 2008 8:49 PM

5:40 / 8:49, I'm 5:45 and I graduate high school, college and I have a JD/MBA....from Harvard. What the hell does that prove? Look, my fundamental point was that in your original point was that people "would not be able to afford it" and my response simply was intended to indicated that (even without the "affordable housing") Atlantic Yards will be plenty affordable because of the "glut". No where in my post did I say that I "love" Atlantic Yards. I said I "support" it because I think that it would be better than the MUTHAFUCKING HOLE IN THE GROUND THAT IS THERE RIGHT NOW!!!

Posted by: guest at June 23, 2008 10:18 PM

forget the supreme court. go to the intergallactic forum of justice. make your case to the jetti knights. the force be with you.

Posted by: guest at June 23, 2008 10:22 PM

Those with brains and some common decency towards fellow humans, fail to see the point, which is made over and over ( and falsely I'm guessing) about Nimby, and trust funds and bull shit like this. What on earth does that have to do with bullying, gluttonous fact that Bruce Ratner wants ALL of us, yes you people who love the project too, rich or poor, he wants US to pay for him, to take property from someone else. (Some of those people are well documented as having been lower income families who lived there for over 40 years!). So that he can then build a stadium and luxury housing for very very very rich, most likely trust fund hipsters and suburban types ( to use the terminology used all the time on this site) to live in. And for over payed, non Brooklyn basketball players.

So why should anyone care about your pointless accusations about the wealth or birth right of some of the people fighting this project?

Bruce is rich, Jay Z is rich, the players are rich, Gehry is rich, Bloomberg is rich, and all they want is more more more. Bloomberg himself has said if this were in his neighborhood he would not want it. That is Nimby. Greed.
People who have bake sales and stoop sales to raise money, I do not imagine to be greedy.

Why do you people get off so much on being so goddamn disgusting, hateful and vindictive to other people for a goddamn sports stadium? Could this be the best thing that ever happened to you? A chance to point fingers at everyone but yourself? Must be a sad life you are ignoring. Is that the world you want to live in? If so then put your name out there, let us see who you really are. You would not do that because you could not stand the ridicule. You are nothing it is clear. 5:45 is a hole. The point is still even with your bs harvard degree you will not afford it, and neither will the people who think this is going to be "better than what is there." It will be plenty affordable? That is a good laugh.

This blog and the vicious anonymous wimps just becomes more and more depressing.

Posted by: guest at June 23, 2008 10:54 PM

i have no problem contributing my money to ratner for this. it requires someone with balls and ambition to pull this off. as a previous PS renter, i think the current neighborhood sucks. it's ugly, a blight and lots of scary and horrible people who made life for me and my boyfriend a trial most days. the day i moved out of that hood was possibly one of the happiest of my life. didn't even wait until my new place was painted and cleaned - just wanted out.

also, i do not care about renters who were there for 40 years or whatever. they could have moved years ago to a neighborhood that they could have invested in and owners who moved were compensated.

hope desperately that this gets built.

Posted by: guest at June 23, 2008 11:05 PM

Bruce Trustner

Bruce Ratner. Silver Spoon, born on his tongue.
Blight Mogul, Speculator, the People's Most Loathsome.

Bruce Ratner, Welfare Queen, Eminent Domain Addict
Blight Mogul, Speculator, Daddy's Little Boy

Bruce Ratner, Racial Exploiter, Liar, Bald and Fat
Blight Mogul, Speculator Fooled Y'all, Fools.

Posted by: guest at June 23, 2008 11:34 PM

11:14 wrote:
"I recently saw a fox news report on eminent domain which mentioned that Daniel Goldstein's wife is pregnant. This makes my suspicion that they no longer reside in that condo all the more likely. It is doubtful that a pregnant woman would live in a large, empty building just to prove a point. I recall seeing a political donor list where she listed a West End Ave. address - I'd bet that they reside there full-time and only return to Pacific Street for the (now rare) photo-op.

Hey, I wish them well. Now that their silly fight is almost over, they can move on to the more important task of raising a child."

Dude, when did they let you our of your stright jacket?

Posted by: guest at June 23, 2008 11:39 PM

11:39 - ???

Posted by: guest at June 24, 2008 8:43 AM

11:05- You must be one of the stupid homeowners who thinks renters don't invest in a neighborhood. I suggest you try moving to a neighborhood without any and see how great it is. Or how good city services are when renters stop paying taxes. How many supermarkets and shops survive without neighborhood renters.

With an arrogant attitude like that I can see why "horrible" people made your life miserable. You asked for it.

Posted by: guest at June 24, 2008 9:30 AM

"It's ugly, a blight and lots of scary and horrible people who made life for me and my boyfriend a trial most days."

Huh?

This has to be a fiction. Prospect Heights is SO unscary.

Posted by: guest at June 24, 2008 6:53 PM

« Dumbo on the Cheap: Half Mil+ Entry Fee Gowanus By Water Taxi »

June 23, 2008

Supreme Court Won't Hear AY Eminent Domain Case

Trackback Pings

Comments

Post a comment

Latest Restaurant Additions