Goldstein et al. File Suit Over AY Eminent Domain
Three homeowners, along with six renters and the owner of Freddy’s Bar, sued Governor Pataki, Mayor Bloomberg and Bruce Ratner in U.S. District Court in Brooklyn yesterday over the “misuse of government’s power to take property by eminent domain.” The Atlantic Yards proposal is premised on the abuse of eminent domain, said Matthew D. Brinckerhoff,…
Three homeowners, along with six renters and the owner of Freddy’s Bar, sued Governor Pataki, Mayor Bloomberg and Bruce Ratner in U.S. District Court in Brooklyn yesterday over the “misuse of government’s power to take property by eminent domain.” The Atlantic Yards proposal is premised on the abuse of eminent domain, said Matthew D. Brinckerhoff, the plaintiffs’ lead lawyer. It would mean the taking of one citizen’s property to benefit a powerful and influential private citizen, he said. The suit also claims that the politicians and developer failed to seek adequate community input. According to the NY Post, Mayor Bloomberg laughed when asked about the suit’s chances of stopping the project. “The Atlantic Yards project is something that Brooklyn, and this city, really needs,” he said. What do you think the suit’s impact will be?
Groups Aiming to Block AY Cite Eminent Domain [NY Law Journal]
Suit Against AY Challenges Eminent Domain [NY Times]
Suit Seeks to Dunk Arena [NY Post]
AY Project Abuses Eminent Domain, Suit Says [NY Sun]
Legal Shot Fired in Brooklyn’s Atlantic Yards Fight [Curbed]
Photo by threecee
Ratner didnt “create the blight” – the AY site has been mostly a hole in the ground and empty lots for decades – long before Ratner owned 1 inch of property there.
I am so flattered that you all care about my opinion so much – so as to perpetuate this ego stroking – Anon @12:16
I am not a developer, I am both an employee of a Multinational corporation and a small buisness owner.
I support public subsidies where appropriate (especially in ways that will reduce sprawl and continued dependence on private automobile traffic )
Eminent Domain is a necessary tool to balance private property interests vs public/sociatal benefits and development – it should be used with due consideration and result in fair compensation.
Zoning laws should be designed to reduce sprawl and create sustainable and successful development considering local ,regional and national factors.
I beleive in holding elected officals accountable through voting (not lawsuits) – and I beleive we just had an election where virtually all pro-AY officials were (re-) elected handily.
I think the area of AY is blighted within any reasonable definition – the majority of the site is either a hole in the ground or empty lots. Certainly not every building is “blighted”, but as a whole yes.
David, what makes you think this? Ratner CREATED the blight and is using this justify taking people’s homes.
“But I am sure if you and the rest of your NIMBY brigade keep throwing up enough lies and misrepresentations some will eventually stick.”
Yeah David it’s “Nimby’s” who’ve been doing the lying. Forest City and the ESDC have been angels.
To answer your questions:
1. I think the area of AY is blighted within any reasonable definition – the majority of the site is either a hole in the ground or empty lots. Certainly not every building is “blighted”, but as a whole yes. Further it isnt what a “reasonable person” who call blighted, (although who defines “reasonable” anyway -for example – I am sure every “reasonable” suburbanite would say it is blighted) “blight” as it is applied here is a legal determination and based on precedent, AY clearly fits (certainly more so than Kelo)
2.Yes and No – While a competitive bidding process is great in theory, in sites such as this the MTA has much more to consider than simply the “highest” price. Further we saw how Cablevision was able to abuse an ‘open’ bidding process on the West-side to help prevent a competitor from being built. So while I wish the MTA to get the highest price possible, I recongnize that the considerations for “open” bidding aren’t so straight forward.
3. Ratner’s potential profits are totally irrellevant. Every development in this country is done by PRIVATE companies (even schools, roads and Govt buildings). Those private companies usually make profits and the owners of those builders are generally wealthier than 99% of the rest of the human population; so what – I fail to see what difference it would make if NY State “owned the site” and built housing, offices, retail and an arena. I promise you that whatever savings there would be in terms of “no capital gains for Ratner” would be lost to waste, fraud and the general inefficiency of all Govt projects.
4. While I am not on site, I havent heard of any “tactics” used by FCR to “bully” existing residents, except to offer them far more than their properties would be otherwise worth and to directly state that if they dont leave that the state would be using the ED process which could result in far less compensation (which is true)
5. I have no idea (nor probably do you) if FCR conducts its buisness “ethically” and I am sure they are not (nor should they be) acting in the “best interest of the public” – however sometimes private (profit) interests and public interests are aligned and IMO that seems to be the case currently w/ AY- further it is up to elected officials to act in the publics benefit. Based on the recent success of pro-AY politicians clearly the public does not feel SO taken advantage of as to demand change.
“Actually Anon@11:49 it is you who is ill informed or maybe is deliberatly lying.
Neither the 1984 (22 yrs ago) or the 1994 (12 years ago) studies were prepared by the ESDC, nor did the ESDC ever state that Coney Island was a better place for a professional sports arena than AY.
They are relying on 1974 studies to justify the vanderbilt yards site and ignoring later studies. (
10:37, it’s 10:39 here.
You asked “Why do you think the outcome is predictable?”
because this whole thing reeks of collusion, which in this case is a very hard train to stop.
I do hope the plaintiffs prevail. In a fair world they would prevail.
“NIMBY brigade ”
I am curious David, what is your background? are you a developer?
do you support the massive public subsidies?
the use of eminent domain?
the ignoring of zoning laws?
an unelected unaccountable offical
Call me a “NIMBY” you’re damn right i don’t want that crap going in my backyard, you scumbag.
Actually Anon@11:49 it is you who is ill informed or maybe is deliberatly lying.
Neither the 1984 (22 yrs ago) or the 1994 (12 years ago) studies were prepared by the ESDC, nor did the ESDC ever state that Coney Island was a better place for a professional sports arena than AY.
In fact the 1984 report was prepared by Pratt Institute Center for Community and Environmental Development and the 1994 report was prepared by TAMS Consultants and the 1994 study wasnt even a comparison of sites but rather an evaluation of Steeplechase park as a site for “Sportsplex”.
But I am sure if you and the rest of your NIMBY brigade keep throwing up enough lies and misrepresentations some will eventually stick.