Supreme Court Won't Hear AY Eminent Domain Case
The Supreme Court announced today that it won’t grant a hearing to a group that sued over the planned use of eminent domain for Atlantic Yards. Eleven property owners and tenants wanted to appeal a lower federal court’s dismissal of an eminent domain case and have the High Court clarify constitutional limits on private-home seizure….
The Supreme Court announced today that it won’t grant a hearing to a group that sued over the planned use of eminent domain for Atlantic Yards. Eleven property owners and tenants wanted to appeal a lower federal court’s dismissal of an eminent domain case and have the High Court clarify constitutional limits on private-home seizure. Now that the eminent domain case is toast on a federal level, the plaintiffs are going to file suit in state court, according to a press release from Develop Don’t Destroy Brooklyn (copy on jump). “We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound. New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened. Recent events have revealed that the public, and the Public Authorities Control Board were sold a bill of goods by Ratner and the Empire State Development Corporation. We now know that Ratner’s project will cost the public much more than it will ever receive,” said lead attorney Matthew Brinckerhoff of Emery Celli Brinckerhoff & Abady LLP. “Now we will turn to the state courts to vindicate our rights. We will soon file an action in New York state court under state law as we were expressly permitted to do by the rulings of the federal courts.” A statement from Forest City Ratner is presumably forthcoming.
Update: The Real Estate got the following statement from Forest City chairman Bruce Ratner: We believe, and the courts have repeatedly agreed, that Atlantic Yards provides significant public benefits including thousands of affordable homes and much needed jobs for Brooklyn. We are gratified that the Supreme Court has decided to put an end to this lawsuit. The opponents have now lost 20 court decisions relating to Atlantic Yards and we are now one step closer to making these benefits a reality for the borough and the City.
AY Owners, Renters File Eminent Domain Appeal [Brownstoner]
Photo by dbking.
The United States Supreme Court denied the petition to grant a hearing (cert petition) to eleven property owners and tenants who asked the court to hear their appeal on the Second Circuit Court’s dismissal of their challenge to the use of eminent domain for Forest City Ratner’s Atlantic Yards development proposal in Prospect Heights, Brooklyn. The petition asked the Court to address the appropriate constitutional limits on the government’s power to seize private homes for the benefit of powerful real estate developers like Bruce Ratner.
The Court’s denial of the petition in Goldstein et al. v. Pataki et al. does not affirm or deny the plaintiffs’ arguments, nor is it the end of the legal road for the plaintiffs.
The plaintiffs, fighting to prevent the seizure of their homes and businesses for the benefit of Forest City Ratner, will now pursue their eminent domain challenge in state court under New York State law.
“We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound. New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened. Recent events have revealed that the public, and the Public Authorities Control Board were sold a bill of goods by Ratner and the Empire State Development Corporation. We now know that Ratner’s project will cost the public much more than it will ever receive,” said lead attorney Matthew Brinckerhoff of Emery Celli Brinckerhoff & Abady LLP. “Now we will turn to the state courts to vindicate our rights. We will soon file an action in New York state court under state law as we were expressly permitted to do by the rulings of the federal courts.”
Besides the eleven plaintiffs on Goldstein et al. v. Pataki et al. there are approximately 30 other residents and business owners in the project’s footprint whose properties would be seized for Forest City Ratner’s benefit.
Ironically, today is the 3rd anniversary of the Supreme Court’s extremely controversial 5-4 decision in the eminent domain case Kelo v. The City of New London. The plaintiffs in the Brooklyn case did not seek to overturn Kelo, but rather utilize the majority and concurring opinions to make their case.
The petition and all lower court briefs and decisions in Goldstein et al v. Pataki et al can be found at: http://www.dddb.net/eminentdomain.
Dear 5:45
5:40 you’re a moron…did you even graduate from high school? I’m pro-AY, but even I know that one of the negative aspects of this project is that it’s actually going to DROP property values. You don’t just drop 6,400 new apartments into a neighborhood without it having the effect of lowering property values. It’s the most simple law of economics = supply and demand. AY will most certainly created a glut which will adversely effect values around it.
Posted by: guest at June 23, 2008 5:45 PM
You are calling me a moron? So you know it will affect negative property value, and you know it will create glut, but you still love it? I’m the moron? Supply and demand is something that plays with the market “allowing.” Ratner is demanding and then maybe he will be supplying. You are complete jack ass, if you think that his project is the outcome of actual economic laws. If you do think so that you should also be very happy to help subsidize lower income families ala welfare programs and subsidies. However something tells me that a true moron like you, probably has no respect for low income people either. You describe corporate welfare, not supply and demand. And yes I graduated high school, and college and graduate school. You?
Because ratner is an F’wad and never planned on building housing for poor black people, only now he can blame it on the economy. It is no mystery, whether you nut job “pro AY” wack jobs like it or not. He is a greedy self righteous, self serving greedy guy. It only takes a group of 12 like minded Supreme Court power mongers to continue that.
If you think DDDB is frivilous, just wait as your tax dollars go down the drain for a bunch of luxury condos in your hood.
Why is Ratner blaming the economic climate for his failure to launch?
Was he not prepared for changing economic circumstances?
Doesn’t sound like he was ever up to the task.
7:50 – like it or not that is an absolutly accurate rendition of the legal history of the case.
The part they ignore is that the delay as a result, and the change in the economic climate since. Which will likely result in an arena surrounded by vacant lots/parking…all hail DDDBs success!
Couple of interesting points regarding the Nets press release (i) it’s interesting that FCR says that construction on Atlantic Yards started in Feb 2007 (have we heard this before?). This would appear to be part of a strategy on the part of FCR to establish that the project should be grandfathered in should the IRS repeal tax exemptions on bonds issued for sports venues, (ii) the fact that 38% of the contracts are being awarded to MBE’s is pretty noteworthy. I have noticed that the condesending “liberal” whites on this blog love to tell black people that we are being used by Ratner and that we are pawns in his game (because rich white trust fund NIMBY’s are our friends and will protect us from our uneducated selves, and from big bad rich white developers like Ratner), but money talks and bullshit walks…most projects of this scale only have have around 12-15% minority set asides. This is part of the reason why I have been more pro-AY than anti-AY (despite the fact its problems).
Press releases always tell the truth.
I’m now a believer.
Heal my sickness, Bruce Almighty, heal it!
heres the e mail i got from the nets today. i am a season ticket holder.
FOREST CITY RATNER STATEMENT ON UNITED STATES SUPREME COURT DECISION
NOT TO HEAR EMINENT DOMAIN CASE
June 23, 2008 – Brooklyn, NY – Bruce Ratner, the CEO and Chairman of Forest City Ratner Companies, today applauded the United States Supreme Court decision not to hear an eminent domain suit requested by opponents of the Atlantic Yards project.
Today the Supreme Court, the highest court in the land, affirmed the State’s right to use eminent domain relating to Atlantic Yards.In February, the Court of Appeals, Second Circuit, unanimously affirmed the District Court’s decision in a case brought by opponents of the Atlantic Yards project in Brooklyn on the grounds that the use of eminent domain violates the Public Use Clause of the Fifth Amendment. The District Court had previously decided against the plaintiffs in the case citing the numerous public benefits generated by the project.
“We believe, and the courts have repeatedly agreed, that Atlantic Yards provides significant public benefits including thousands of affordable homes and much needed jobs to Brooklyn,” Mr. Ratner said. “We are gratified that the Supreme Court has decided to put an end to this lawsuit. The opponents have now lost 20 court decisions relating to Atlantic Yards and we are now one step closer to making these benefits a reality for the borough and the City.”
Background on Atlantic Yards
Construction on the Site
– Construction work on Atlantic Yards began in February of 2007. FCRC expects to open the Barclays Center in the 2010 calendar year.
– To date, roughly 53% of the structures on the site have been demolished or are in the process of being demolished. 30 structures have been demolished and an additional 3 buildings are being demolished or are slated to be demolished in the short term. There are 11 vacant lots and 29 other remaining structures.
– Minority- and women-owned businesses have received a large percentage of the work. Construction contracts awarded at Atlantic Yards total approximately $43 million. The total MBE awards are $16.4 million or approximately 38% of total purchases. The total WBE awards are $2.9 million or approximately 7% which brings the total M/WBE participation thus far to $19.4 million or approximately 45%.
– Construction of the Temporary Rail Yard is under way. The Carlton Ave bridge is in the process of being demolished and critical upgrades to the 100 year old sewer and water infrastructure have begun.
Legal Update
– February 1, 2008. US Court of Appeals, the Second Circuit, unanimously rejects the opponents’ appeal in the federal eminent domain lawsuit that was dismissed in June, 2007.
– January 15, 2008. The Appellate Division of the New York State Supreme Court unanimously dismissed a challenge to the project approvals under Section 207 of the Eminent Domain Procedure Law in November 2007. Opponents’ request for an appeal was denied in January, 2008.
– January 11, 2008. NY State Supreme Court rules against opponents in a case on environmental review procedures. Opponents are appealing the case.
– October 2007. A second suit brought in the NY State Supreme Court challenging the State’s use of eminent domain was dismissed in May 2007, and the dismissal was affirmed by the Appellate Division in October 2007.
Hey Polemicist, go back to sleep.. ZZZZZZZZZZZZ
The What
Someday Asshats like Polemicist wont have access to a computer
5:45
You are the moron. There are almost 1,000,000 housing units in Brooklyn. 6,400 apartments is nothing.
In the 1950s, over 250,000 housing units were brought online in less than 10 years. Historically, we are nowhere near the level of new construction that this city experienced prior to the radicalization of the city government in the 1960s with the revised zoning code and the rent stabilization laws in the 1970s.
Kings County is the most crowded county in the nation in terms of population density per housing unit. The demand for housing couldn’t possibly be greater.