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]
12:57, mea culpa. Apparently mistakenly posting the same comment twice after hundreds of other posts made me the spammer. Oh wait, Brownstoner said, “Because the spammer–and now yo–“. I guess I’m exonerated. Too bad, I was really beginning to enjoy the noteriety.
“What a wonderful back and forth. It is filled with vile accusations. People speaking with a secret agenda.”
“The public hearings were a complete fraud. The EIS was essentially crafted by FCR.
The poster who hates DG probably would have hated Dred Scott for suing in SCOTUS.”
Good to see you’re above vile accusations and secret agendas.
Wait Biff is the spammer?
-Diabolical
Goldstein a publicity whore, thus the moniker “Kristen”. I’m sure he’s already negotiating his book and movie deals. He’s a scumbag. Somebody over on Curbed pointed out that Goldstein’s dad was also a scumbag, who was an executive over at Drexel Burnham involved with that firm’s meltdown. Anybody on this blog have the back story on this guy? We know he’s not from Brooklyn…is he a trust fund baby as well?
Countdown to Dan’s book relating his struggles against the omnipotent evils of our society…
“…but why do we need the densest tract in the US built in a neighborhood of 4 story building?”
Because it is next to and above the largest mass transit hub (by lines) in NYC (and maybe even the country)
“Why should we line FCR’s pockets while our kids get asthma?”
Someone makes $ money on virtually every development (even Govenment owned/run projects) – that is a strawman argument – the point about ashma is that if people live in less dense housing away from city center more pollution and environmental destruction is the result – try to look past your own NIMBY agenda and see the bigger picture
“What about schools, traffic.” A school was part of the proposal – and again if people live in less dense housing further from city center and mass transit more traffic congestion will result (albeit spread over a wider swath, so you can hopefully ignorantly ignore the destruction that your NIMBY agenda has wrought)
“Why have FCR ignored the terrorist threat – someone nearly blew up the Atlantic Avenue Station a few years ago – and proposed a glass front stadium.”
Total red-herring, would ANYONE who opposses AY change their position if the building was clad with steel? – but either way, there has been 5 deaths related to truck/car bombs or suicide bombers carried out by foreign terrorists in this country EVER. Hardly seems like more than a limited concern anyway.
12:21, I’m 12:05 and clearly you missed the point of my post. First of all, I’m not Bruce Ratner, my name is Johnathan Rowe and I’m a life long Brooklyn resident (unlike Daniel Goldstein a/k/a “Kristen”). The point of my post had less to do with Ratner and everything to do with the NIMBY mentality that anything new must be bad. Again, I ask the question of you 12:21, do you honestly believe that if the “Unity” plan had been approved that there would not have been lawsuits, protests and delaying tactics?
What a wonderful back and forth. It is filled with vile accusations. People speaking with a secret agenda. Free speech is wonderful and very entertaining.
What does it all matter? The courts and the markets will finally make the decision. However, Ms. Riley says it went through a “lengthy review process”? I think that is the very crux of the AY problem. Whatever DG’s motivation, there was NO lengthy review process. That is unless you think 10 minutes by the ESDC flunkies is lengthy? The public hearings were a complete fraud. The EIS was essentially crafted by FCR.
The poster who hates DG probably would have hated Dred Scott for suing in SCOTUS. What nerve to waste time that eventually led to the Civil War,anyway. Bottom line: the ends do not justify the means.
Kennedy and O’Conner made it very clear the the states should clean up their acts on ED. 43 have done so. We are still waiting for NY.
I’d support normal text in the comments section because the person who ORIGINALLY posted regarding this issue (NOT the spammer) was visually impaired, and made a valid point.
I personally don’t have a problem with the current text, but I can see how someone would, and I would not object to darker text.