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
And NYS could have as well
why should Supreme Court decisions need to wait generations? – Cause our entire Common Law system is based in precedent, and so if the decisions were just changed based upon purely immediate interpretations (politics) than the words would effectively have no meaning AND we would simply have 9 unelected legislators – which although they sometimes seem like thats what they are – they arent and shouldnt be.
And immediately after that some states tightened up their eminent domain laws. What is and what should be don’t alwys match- these days everything changes quickly, why should Supreme Court decisions need to wait generations?
bxgrl Constitutional interpretations may change over time, but that time is (and should be) generations – Kelo was decided FOUR years ago.
This was a slam-dunk
fsrg- it is a fact that very few- if any- Supreme Court decisions are cast in stone. Just a glance at the history of Brown vs the Board of Education shows that. Interpretations of the Constitution change over time- sometimes for the better, sometimes not. And it’s naive to think that the justices are not politically influenced- no one would ever accuse Thomas of being liberal or voting that way on a decision. Then there are the dissenters- so essentially Supreme Court decisions are voted on. They are not always unanimous. That said, eminent domain has been redefined several times, not in a good way. Add to that,states can apply it differently so what we have is a hot mess, not necessarily a definitive definition.
“I am sure right now the braintrusts at DDDB are thinking up new frivolous lawsuits to file!”
Most assuredly.
“the world will finally recognize Brooklyn as the great American city this it always has been”, and others.
Local cheerleading is great and all but Brooklyn is not a city but a big large part of New York City. I don’t see the value/reason for trying to for this separate identity- all this manhattan vs brooklyn nonsense, childishness.
The value of arena should be evaluated in terms of what can do for NYC.
(and I don’t think people in Brooklyn are any more provincial than people in other parts of NYC).
Indeed Brooklyn Red. Well said.
FtGreeneCorey- I respect your opinion as well even when I may not agree with it. I do have to say that I also think you are putting too much emphasis on the role of sports and Brooklyn’s image. Sports and money go hand in hand- but that doesn’t necessarily trickle out to the surrounding community. The Bronx is a perfect case. As far as collective City hearts being torn apart over the abandonment by a sports team- that seems very overwrought. After the media frenzy and the diehard fans’ cursing, the cities still survived, people’s lives go in. Most people don’t spend their lives living or dying by the local sports team.
We have serious problems in this city that need to be addressed and Ratner is not the answer. Jobs? Yes- for the construction industries. As good as it is to have those jobs, its a closed industry, and the project is a finite one. We need a much more intelligent long range plan if things are to get better, and that means addressing jobs and education all across the board, in every field and at every level. AY is a stop-gap, and not even a good one. For all the public monies invested in it, there is a small and iffy return.
One last thought for winelover,ftgreencorey,benson and anyone who think a stadium at Atlantic Yards is going to be a big help to Brooklyn – as an interesting exercise, google “sports stadiums and the local economy” to see what comes up (hint – you might not like what pops up)
ENY said it well.
I’ll just add that I find it more than a bit amusing how many people here (and around Brooklyn) seem to think that they are more equipped to interpret the Constitution and 200+ years of jurisprudence concerning Eminent Domain then the Supreme Court of the United States and the NY State Court of Appeals (one of the more respected appeals courts in the country).
It wasnt even a close call after Kelo.
Not that I can take that much glee – I am sure right now the braintrusts at DDDB are thinking up new frivolous lawsuits to file!