« Brooklynites sue over Atlantic Yards eminent domain | Main | Groups Aiming to Block Atlantic Yards Project Cite Eminent Domain »

October 27, 2006

The next eminent domain donnybrook? AY controversy goes to court

As usual, Atlantic Yards Report fills in some blanks in the mainstream media's coverage of the Develop Don't Destroy Brooklyn eminent domain lawsuit:

Kelo permitted the use of eminent domain, but it indicates that there must be a planning process, with the beneficiary unknown—which differs from the process in Brooklyn, according to the complaint. Brinckerhoff acknowledged that it did erode some rights, but emphasized that “the Supreme Court has always said you cannot take private property for a private benefit.”

Why sue now, even before the [Empire State Development Corporations] has voted? Brinckerhoff responded, “The plantiffs have an absolute right to have claims heard in federal court. If we wait, that would be jeopardized.” While he said that the plaintiffs have enough evidence to go to trial, he predicted that, during the discovery phase, “We will find documents that support our theory that this decision was made years ago.” By filing in federal court rather than state court, the plaintiffs also seek redress in a forum that is more insulated from the local political winds.


Posted by lumi at October 27, 2006 1:15 AM