BREAKING: Goldstein et al Lose Eminent Domain Lawsuit
The 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 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
fsrq – The overwhelming number of studies on stadium impact simply don’t support your wishful thinking about positive effects. This arena business is, as MM points out, such a red herring. As the saying goes – “follow the money”
fsrg- in theory I would agree with you. But sadly the reality is very different. Roe vs Wade, Gay marriage- all things that should have been decided long ago are still up for grabs because when all is said and done, we don’t have impartial justices, we have 9 justices interpreting the Constitution according to their education, upbringing and even religion. The Constitution is the basis of our system, but precedent is not necessarily a great way to decide law, especially if it locks us into bad law or poor interpretation of the Constitution. At one time the Dred Scott decision was considered a legal precedent. Would anyone seriously use that in a court of law today? In some things we interpret too loosely, in others, not narrowly enough. Oh well- I guess that’s why we shrug our shoulders and say we’re only human.
“Sure it’s great the Yankees are a great team, but really, what has Yankee Stadium done for the Bronx? People living 3 blocks away in run down apartments are not positively affected by the success or presence of the Yankees.”
My son’s 1/2 sister, who has been chronically un- and under-employed and literally lives blocks from the new stadium. She is now a host at the steak house in the new Stadium. It’s probably the best job she’s had in years. Is it a path to future success? That’s largely up to her. But she did benefit from the presence of the new stadium, as others undoubtedly will in Brooklyn. If the damn place ever gets built.
Oh and BTW – I dont support AY cause I think the arena will make Brooklyn great – I support it because mass entertainment venues are nice to have and they and dense communities should be built around transportation hubs.
And then there is the aftermath of the Kelo decision
http://www.nytimes.com/2009/11/13/nyregion/13pfizer.html?_r=1&scp=1&sq=Kelo%20decision&st=cse
Folks;
This says it all:
http://bk.ly/3n
MM – there are two effects – one is measurable, in jobs, dollars, taxes, etc and another is more subtle (and I aknowledge difficult to porve)
I firmly believe that had the Yankees not been in the Bronx, the boro would have fallen way further – it didnt hurt to have Howard Cosell say the Bronx is burning on national TV either.
And I believe that the Yankees building their stadium there again, encourages investment and growth that otherwise wouldnt have happened.
But like the jobs “saved” by the stimulus we can really prove it.
Brooklyn Red, EXTREMELY well said, you too, bxgrl.
The sports team as metaphor for a city seems a bit stretched. Sure it’s great the Yankees are a great team, but really, what has Yankee Stadium done for the Bronx? People living 3 blocks away in run down apartments are not positively affected by the success or presence of the Yankees. Having the Nets here (the worst team in basketball, who, if they are lucky, may actually win a game before moving here) is not like having some kind of good luck talisman for Brooklyn. Major league sports may be big business, but that business does not seem to trickle down into the communities.
I think the arena is a giant red herring tossed into the ring to get people all worked up with talk of Brooklyn pride and winning teams, while actually a smoke screen to the facts of misuse of eminent domain, back room deals, tax payer betrayals, and big money going back into big money pockets. Like a big red herring left out too long, it massively stinks.
See Hakeem Jeffries’s statement on the subject: http://dddb.net/php/latestnews_Linked.php?id=2472