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October 27, 2006
Lawsuit looks to block Nets’ shot
Metro NY
By Patrick Arden
In a case that could have national implications, the 10 property owners and tenants in Prospect Heights believe the plan to build a basketball arena and 16 surrounding towers illustrates “the misuse of the government’s power to take property by eminent domain.”
Last year, the U.S. Supreme Court gave governments broad condemnation powers for projects benefiting the public, and Atlantic Yards will supposedly create 15,000 construction jobs and 2,500 office jobs. Ratner has also promised to set aside 2,250 of the development’s 6,860 planned residential units for affordable rentals. The plaintiffs call the job claims “grossly misleading,” with no more than 1,500 construction jobs created per year over a decade, and 40 percent of the affordable rentals would go to families earning between $71,000 and $113,000 a year.
This article focuses on whether or not the public benefits are accurate, even though Justice Kennedy was concerned with whether or not the benefits were "pretextual."
In light of the difference between actual and pretextual benefits, the quote from Matthew Brinckerhoff makes more sense:
“This process has been driven by the developer from the very outset. There has been very little public input; there has been no attempt to even consider any other developers. These are the hallmarks of a pure private taking.”
Posted by lumi at October 27, 2006 12:31 AM