yards-112409.jpgThe New York State Court of Appeals has just ruled in favor of the ESDC in the closely-watched eminent domain lawsuit brought by property owners in the footprint of its proposed Atlantic Yards project. According to Atlantic Yards Report, “In a decision (PDF) that gives the crucial–but perhaps not final–boost to the Atlantic Yards project, the state’s highest court, the Court of Appeals, approved the use of eminent domain by a 6-1 margin, saying that it’s not the role of the courts to intervene in agency decisions, given the wide latitude in state law.” The ruling means that Ratner may proceed with the sale of tax-exempt bonds to finance the sports arena that is scheduled to be the first stage of the gigantic development. The construction of both affordable and market-rate housing is supposed to begin with months of the arena, but as The New York Times points out this morning, “with so many new apartments sitting vacant, analysts say it could be many years before demand will justify building so many units in one neighborhood.”
Atlantic Yards Project in Brooklyn Clears Legal Hurdle [NY Times]
Court of Appeals upholds AY eminent domain 6-1 [AY Report]
Photo by Tracy Collins


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  1. Dont count your arena before it hatches…..the NIMBYs have endless grounds for frivolous lawsuits and Ratner has to get ground broken soon to maintain many of the tax benefits in the original deal. It will be close…..

  2. We’re not “getting” a team. We’re just renting a team for a few years until they find a city dumb enough to give the franchise more money than we did. The Jay Z bandwagon is really just a few million promo dollars – most likely taken from the $50 mill in affordable housing money we gave Ratner. He doesn’t have any other money.

  3. Actually NIMBY has lost i believe 22 lawsuits
    this was totally predictable
    ground already broken, money lined up
    watch it happen
    Heavy Metal Marathons at Flatbush Avenue!!!!

  4. By the time they get to Brooklyn, it won’t be the same 0-13 guys.

    I don’t necessarily believe LeBron will become a Net, but that’s the general flavor of what will happen: bigger names joining the team now that it is actually in NYC and atop mass transit links.

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