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February 17, 2006
Eminent Domain: A Conflict Grows in Brooklyn
NJ Eminent Domain
By Bill Ward
The NJ Eminent Domain blog posts a legal update and analysis of Ratner's Atlantic Yards proposal.
Concerning Judge Edmead's ruling for the plaintiff on grounds of conflict of interest, Bill Ward cites the New York State Code of Professional Responsibility and connects the dots to Justice Kennedy's concurring opinion in the case of Kelo v. New London.
From the NYS Code of Professional Responsibility:
A lawyer shall not continue multiple employment if the exercise of independent professional judgment on behalf of a client will be or is likely to be adversely affected by the lawyer’s representation of another client, or if it would be likely to involve the lawyer in representing differing interests.
From Justice Kennedy's concurring opinion:
“A court confronted with a plausible accusation of impermissible favoritism to private parties should treat the objection as a serious one and review the record to see if it has merit.”
NoLandGrab: If Judge Edmead's ruling stands, then David Paget's representation of both Forest City Ratner and the Empire State Development Corporation could be deemed a conflict of interest and be used to ilustrate the "impermissible favoritism" that Justice Kennedy clearly states as legal area of concern in an eminent domain condemnation benefitting a private party.
This may explain why the Empire State Development Corporation (in "collaboration" with Forest City Ratner) has decided to appeal the ruling, at the risk of more bad press and publicity.
Posted by lumi at February 17, 2006 10:41 AM