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]
“Say what you will about Dan, he was the one who stood up, did what the rest of us cannot or won’t do. He gave up a normal life to fight this corporate thief when hardly anyone else in the government or the community would.”
He’s not a hero. Other people didn’t do what he did because many of them happen not to agree with him. Who cares about whether ot or not his life is “normal?” I don’t agree about the threats you mentioned, and I personally see jobs and housing as community benefits. I have neighbors who agree with my views. We may not agree with every aspect of the Ratner plan, but overall, folks like me prefer that plan to the non-ideas emanating from DG and his friends. Don’t get it twisted.
The What, I don’t think your comments (or anyone else’s) should be censored for this to be a place for true expression of ideas and opinions (good grief, I think we’re on the same page on this one). Just eliminate the faded text spamming and let everyone else throw in their two cents.
However, I disagree that this is true class and race warfare since they didn’t check where I fell in either of those demographics before removing my comment.
Yeah 11:50 – b/c States never build Stadiums, Arenas, or other public entertainment/cultural venues?
My, my, my 12:05 you are upset. Are your initials ‘BR’?
Say what you will about Dan, he was the one who stood up, did what the rest of us cannot or won’t do. He gave up a normal life to fight this corporate thief when hardly anyone else in the government or the community would. Community groups got on the Ratner gravy train and were bought out. DDDB publicized (with a few others) the sneaky backroom details of the project. We are not against development, but why do we need the densest tract in the US built in a neighborhood of 4 story building? Why should we line FCR’s pockets while our kids get asthma? What about schools, traffic. 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. When these questions are answered I will reevaluate my opinion of Mr Goldstein.
the Dodgers moved to LA because Robert Moses didn’t want them to build a new stadium at Atlantic Terminal.
this one is funny:
“Extell’s plan was not financially viable”
unlike Ratner’s air tight, financially iron clad…uh, whoops.
I personally vote against any censorship of comments, despite the fact that your “it’s like my living room” argument is well-taken.
My take on it is this, and I’m trying to tread lightly here because I don’t want to be tarred with the same brush as the serial posting nimrod.
Why *can’t* we have normal text in the comments section? Mind you, the serial poster was acting like an idiot and probably made you less disposed than *ever* to allow normal text in this part of the site. However, I would appreciate a text ‘upgrade’ and I suspect others would do.
Anyhoo…that’s enough about that. My next post will be about zoning allowances!
See Biff, Brownstoner hates you too. Oh, you thought he loved you because you rage war with The What. No Biff, Brownstoner want this site to like him. See if you can understand that.
I talked about Real Estate from day one and still I’m being banned. This is not a Real Estate Blog, it’s open class and race warfare.
The What
Someday this war is gonna end…
11:25 – I respect your opinion and I respect those who oppose the scale of the AY project, but I DO NOT respect Daniel Goldstein a/k/a “Kristen”. People like him have simple agenda, to create publicity for themselves, and creating drama in their otherwise meaningliess lives. Please don’t kid yourself by thinking it would be any different if Extell won the bid. Let me put it this way 11:25, do you honestly believe that if the MTA sold the railyards to Extell over Ratner and tried to build the Unity Plan, that there would not have been some group of NIMBY’s undertaking the exact same tactics that DDDB are using (frivolous lawsuits, protests, delaying tactics). Goldstein a/k/a “Kristen” and people like him are the specific reason why (i) the Dodgers moved to LA (forreal), (ii) why that site has been a whole in the ground for 50 years and (iii) (if they had their way) why the corner of Flatbush and Atlantic will be a whole in the ground for the next 50 years. These people have no talent, they can’t create anything, so they figure it’s easier to either destroy or maintain the status quo. Small minded people with NO VISION.
The Extell plan was always a red-herring – Extell’s plan was not financially viable and was submitted as a “hey you never know” – but either way – I have checked in the alternative/bizzaro universe where the Extell plan was accepted – and wouldn’t you know it but 2mo after the MTA picked Extell, the “community” started having “issues” with that plan and it is also stuck in litigation