AY Owners, Renters File Eminent Domain Appeal
Eleven property owners and tenants within the Atlantic Yards footprint filed a petition yesterday asking the U.S. Supreme Court to hear their eminent domain case, nearing its 18th month in the judiciary system still without a trial. The case was dismissed twice by lower courts in developer Forest City Ratner’s favor. Since news broke of…
Eleven property owners and tenants within the Atlantic Yards footprint filed a petition yesterday asking the U.S. Supreme Court to hear their eminent domain case, nearing its 18th month in the judiciary system still without a trial. The case was dismissed twice by lower courts in developer Forest City Ratner’s favor. Since news broke of the basketball arena and high-rise project’s Dec. 19, 2009 kill-date (as long as Ratner stops pursuing litigation or construction matters), a lot of attention has been focused on the ticking clock rather than the people arguing beneath it. Now, about that legal case: In short, it seeks to clarify the Supreme Court’s controversial Kelo v. New London decision in 2005, which allowed the Connecticut city to give a developer private property for the purpose of economic development. In that case, eminent domain was decided by a legislative body, whereas Atlantic Yards was voted on by three publicly accountable politicians, though it went through a lengthy review process. And lead attorney for the plaintiffs Matthew Brinckerhoff said Kelo’s definition of public purpose was vague, leaving the average person vulnerable to having their property handed over to more influential citizens. They want the chance to vet that out more, and further investigate who Atlantic Yards was actually intended to benefit.
Forest City Ratner execs have long called lawsuits and appeals filed by project opponents “delay tactics” that deprive citizens benefits from the project’s arena, affordable housing and jobs. And now Ratner has found himself in credit crunch territory, possibly delaying or killing key components of the project. Lead plaintiff Daniel Goldstein, who owns a condo in the arena footprint, said it’s about their constitutional rights. But as far as the ticking clock, he said this is their last federal appeal, and he expects the court to decide whether to hear it this July. “If they don’t take our case, or take our case and rule against us, then we will go to state court, the appellate division, and raise our state claims.” When asked if they could drag out their case until 2010, after which time Forest City could automatically default if he decides not to continue pursuing litigation, Goldstein said, “We will take our case as far as we can to protect our constitutional rights.”
Ratner Only Required To Show Arena Financing for Eminent Domain Approval[Brownstoner]
Read The Fine Print[Atlantic Yards Report]
Slow Economy Likely to Stall Atlantic Yards [NY Times]
What Will Be Left of Gehry’s Vision for Brooklyn? [NY Times]
What get’s lost in these debates is that (i) the vast majority of Brooklynites want professional sports in our borough (sorry, the Cyclones are great but they are minor league), (ii) there is not better place in the entire city of New York to build an arena than A WHOLE IN THE GROUND on top of the second largest transit hub in the entire city. These jokers act like they want to drop Atlantic Yards in the middle of Grand Army Plaza!
“i’m sorry, but to the people of PH he is a hero. Everyone loves David winning over Goliath.”
I live in Prospect Heights. DG is no hero to me. Not even close.
Hey 5:22, why is that (to the DDDB/NIMBY crowd) anybody who favors Atlatic Yards has to a “plant” by Ratner? I don’t understand why it is so shocking to you people that there are people in Brooklyn who (i) are not afraid of change, (ii) would love to have a professional sports team in our borough (like Manhattan, Queens and even the Bronx all have in their boroughs)and (iii) would like to see the corner of Atlantic and Flatbush developed into something other than A LITERAL WHOLE IN THE GROUND some time in our lifetime!! It’s shocking to me that people like you think that there are not Brooklynites who share a legitimate differing opinion.
i’m sorry, but to the people of PH he is a hero. Everyone loves David winning over Goliath.
“Attacking DG personally, aside from cowardly, directs attention away from the corruption that brought us AY.”
But it’s not cowardly for DG and his lackeys (5:22, 3:49, 3:46, 3:45, 3:26) to personally attack Bruce Ratner. Nope, that’s not cowardly or vitriolic.
Besides, no one said they “hated” DG – he’s just not a hero. Not even close.
2:09 – sorry but if you find Kelo (and the dozens of other precedents) on ED vague then I really have to question your self-titled moniker of “academic”
ED law is fairly well settled and Kelo was about as clear as any SCt decision will ever be that the State has very wide latitude to exercise it in all cases where there is any supportable claim of a public benefit. Now you can jump up and down and say that AY gives no public benefit – but an arena alone would easily fit within the definition articulated in precedent before Kelo, much less in the wide latitude that the Kelo decision gave (including simply a larger tax base).
Therefore while you are correct that DDDB have a “right” to appeal their dismissals, having a legal “right” doesn’t make it ethical to bring legal action when you have no credible expectation that the EXACT SAME court will arbitrarily decide to change their mind a couple of years later.
And finally to your Brown v Board of Ed point – ED is actually articulated as a governmental power in the constitution – thank god our founders had the foresight not to write “separate but equal” into our constitution – so I will attribute your comparison of the two as more of the hyperbole and gross exaggeration that seems to define the Anti-AY (NIMBY) crowd.
I wouldn’t be surprised if all this vitriolic comment is orchestrated or entered by FCR people themselves. I don’t know what else would generate this kind of hatred towards someone who is leading a small community group.
Daniel Goldstein gets a disproportionate amount of criticism because he appointed himself the spokesperson of the most prominent anti-AY organization. It’s a no-brainer that such a decision entails tolerating more heat.
3:45, for all of your self-righteousness, you are just as anonymous as the rest of us.
3:45, you’re full of it. It does not matter if AY went through ULURP, whether Extell got the bid, or whether Jesus Christ himself came down from heaven and said he was going to develop Atlantic Yards…DG and the other NIMBY’s still would have protested, filed frivolous lawsuits and employed delay tactics. These people have no life and they are using this ’cause’ to fill the void. I personally know three people who lived in the footprint of AY. When the buyout offers first came in, none of them were thrilled about it, but eventually they took their payouts and moved on with their lives. Why? Because when you have careers to build, childred to raise and dreams to fullfil and somebody offers you double your money (and on a leveraged basis 10 times your actual investment), you take the money and run. When you have none of the above (career, kids, dreams…which describes DG’s life at the time) but a bunch of daddy’s money in your pocket, you play “community activist”