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October 27, 2006
Atlantic Yards Suit Highlights Eminent Domain Issues
Commercial Property News
The court’s decision may ultimately hinge on whether the public process was appropriately carried out, a concern cited by Justice Anthony Kennedy in his concurring opinion on the Kelo case, said Cliff Levine, a partner and land-use specialist at Thorp Reed & Armstrong L.L.C., a Pittsburgh-based law firm. The Supreme Court also ruled that economic redevelopment is a legitimate use for eminent domain, but a compelling question for Atlantic Yards is whether the project’s different uses are linked. “You have to show here that this is integrated, good planning,” Levine said—a gray area that the courts may be reluctant to address.A spokesperson from the city law department said that the city had not seen the lawsuit, but in a press briefing yesterday, Mayor Bloomberg said the lawsuit was without merit. “The Atlantic Yards project is something that Brooklyn and this city really needs. Bruce Ratner is as good a developer as you can find in terms of building quality projects and including the neighbors, and there will be more traffic in some places and less in others, but that's the real world. You cannot sit here and not have development.”
Posted by amy at October 27, 2006 11:14 PM