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Atlantic Yards foes aren’t crying uncle yet. A lawyer representing a group of Prospect Heights residents and businesses (Daniel Goldstein and Freddy’s Bar and Backroom among them) challenging the use of eminent domain for Atlantic Yards will argue before an appeals court in Manhattan this morning. The plaintiffs are appealing a federal judge’s dismissal of their lawsuit in June, claiming that any “public purposes [of the project] are pretextual and that the real purpose of a taking is to benefit a private developer.” According to Candace Carponter, the head of Develop Don’t Destroy Brooklyn’s legal team, if the plaintiffs are successful in their appeal they’ll be guaranteed a trial at the district court level. A separate Atlantic Yards lawsuit that’s looking to annul the project’s final Environmental Impact Statement is also still in the works.
Appeals Court To Hear Atlantic Yards Case [NY Sun]
Plaintiffs Say iIlegitimate Sequence Means Case Deserves Discovery [AYR]
Atlantic Yards to Get Another Day in Court [Curbed]
Photo by horseycraze.


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  1. “But mostly, your comments reflect the REAL SENSE OF HOPELESSNESS that YOU HAVE, that says, don’t fight anything, the rich and powerful will always win, roll over and give up.”

    Huh? “Win” what?? 9:39 is right. Some of us are in FAVOR of the arena. We actually LIKE the idea. This David vs. Goliath battle lives only in the minds of self-important anti-AYers.

    “Do you really think you would say oh okay kick me out, disrupt my life. Really? Doubt it.”

    Listen man, if I owned a property in the footprint, I’d listen to the offer, hold out for as much as I could get, and then take my earnings and move (like many people in the footprint ultimately have done). If I were a renter (and I HAVE rented in that same neighborhood), I might fight to keep an apartment, but ultimately, since it didn’t belong to me, I’d have to move somewhere else. The world would not come to an end because I had to move. Furthermore, I could certainly find a place in NYC to live with “$1 million.” Many, many others do it every day on significantly less. Maybe you can’t relate to that because you’re not in the same position.

    I’m pretty strong and have plenty of conviction, 12:29. I just don’t happen to share YOUR convictions.

  2. 4:56 – is this errol louis just making up random statements?
    The delay is not because of opposition? BS.
    4 or 5 people make up NLG and DDDB? Really? Then who are all those people at rallies, walk a thons, meetings, people don’t give donations to a group that is 4 people.
    Are you actually questioning things, or just making things up? I think the ladder.

    What I wonder is, how would you actually answer this question. If I come up to you and say, give me everything you have, ie. the most important thing your “American” freedom, and I offer you a million dollars for it, and you accept – exactly what have you done? You have been bought, and you are soul less…and with that kind of city, we might as well go live in a lawless country. This is not about who can get money and that money makes everything hunky dorey. Some people have integrity, and are not willing to roll over for some other guy. Nimby, is trying to stop a domestic shelter, a drug rehab from coming into your neighborhood. It is based on snobbery and judgement. Not wanting to give up your rights as a citizen of this country for a measley “relocation plan” so that some rich basketball player can play a GAME and make more millions.

    So just ask yourself those questions, and get a damn soul and try to see beyond your damn keyboard. If you think this does not affect you, than you live in a bubble. If you think people are claiming poverty as some reason why they don’t want to move, then you have missed the boat of understanding once again.

    But mostly, your comments reflect the REAL SENSE OF HOPELESSNESS that YOU HAVE, that says, don’t fight anything, the rich and powerful will always win, roll over and give up.

    For one second pretend it is you they are bullying…and thing before you make up more lies!

    And 9:39 what is your agenda?…do you people EVER think for one second what you would do? I mean really, just stop being a jerk for like one second and really think about the judgements you make here? Do you? Do you really think you would say oh okay kick me out, disrupt my life. Really? Doubt it. Give me what is yours because I want to build more luxury housing and a sports center so more rich people can play around. Really? you would? Maybe you would actually because you have no conviction. YOu are weak with no principle! And the “million dollars” and gag order you would have gotten…do you think you woul actually find another place to live or buy in NY? Forget it…you’d be banished to another state!! Don’t think so, just look at the market.

  3. Why all the suspicion? I just want to see a decades-old cavernous hole in my neighborhood filled with housing, retail, and a basketball arena. And if that means 10 or so people losing their homes, then so be it.

    What is your agenda?

  4. Once and for all, the delay is NOT due to the efforts of AY opponents. Timelines change for many reasons and a change in and of itself is not proof that it resulted from the various attempts by DDDB and others.

    I repeat: the opposition has failed, and miserably so. They have lost all significant court cases, 95% of the politicians they’ve backed lost their respective elections, and opponents are holding bake sales and walkathons to raise whatever measly funds they can.

    Furthermore, I question just how many people are involved here. DDDB and NLG are basically operated by a grand total of about four or five people and AYR is a one-man operation. These three blogs constantly cross-reference each other in an attempt to make the opposition appear larger than it actually is. On most days, NLG is little more than a link to AYR.

    But I digress. The main point is that their fight is and always has been hopeless – but it will soon be over, thanks to the ineptness of the opponents. Someone should tell them that holding press conferences at 9AM on a workday is not the best way to guarantee a strong turnout.

  5. Once again, they expected to have buildings up by Fall 2006. No one has failed anything.

    When all you have to discuss is someone’s father, it does not bode well that you really have any idea what you are talking about. That is irrelevant. People have lived there for over 40 years. Furthermore, this is not about one or two people losing their homes, it is about a bs “development” that will do nothing more than provide more and more luxuruy housing which in your case means, more wealthy histrionic people.
    If you think the very rich Ratner cares at all about affordable housing for the poor, long time residents of this borough, then you are sadyl sadly delusional.
    But keep bowing down to the other power and money invested, someone that is more saintly than the so called money and power that is blamed for fighting this project?

  6. “May a rich greedy developer and his friends come and take your house….because I can’t wait to laugh in your pathetic then homeless face and say done done done…oh sweet sweet karma.”

    Please. People who sold to Ratner were paid in excess of a million dollars, double the value of their properties (most of which had been purchased only a few months earlier – how’s that for rapid equity?). Others, such as Daniel Goldstein, who has seemingly lived off his investments for the past few years and whose father works for a hedge fund, have ample resources to find housing elsewhere.

    This reliance on histrionics is one of the main flaws of the AY opposition. It has failed them up to this point and is unlikely to achieve anything during the little time that remains. Based on what I’ve read, yesterday’s appeal hearing did not bode well for Goldstein et al. While their goal is to create delays in hopes of getting Rater to abandon the project, there is far too much money and power invested at this point for that to ever happen.

  7. May a rich greedy developer and his friends come and take your house….because I can’t wait to laugh in your pathetic then homeless face and say done done done…oh sweet sweet karma.

    Prioritize?????
    Can you explain? How do you know what other involvements people have, what their priorities are? but you can’t really prioritize anything when you may not have a place to live, and you have to deal with the threat and bullying of a huge corporation.

    Prioritize that you fool!
    Maybe you and your HUGE activism admiration can go do something useful?

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