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February 6, 2007
Eminent domain plaintiffs withdraw timetable allegation
Atlantic Yards Report
One claim against a procedural error in NY State's eminent domain proceeding for Bruce Ratner's Atlantic Yards plan has been withdrawn by the plaintiffs:
Plaintiffs in the Atlantic Yards eminent domain federal lawsuit last month argued that the Empire State Development Corporation (ESDC) violated the state Eminent Domain Procedure Law because the agency did not make the Determination and Findings "within 90 days of the stated close of the public hearing" on 8/23/06.
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However, the law as developed does not reflect that apparently plain language (and the plaintiffs' attorneys apparently missed that). In subsequent legal filings, the ESDC and fellow defendant Forest City Ratner pointed to a 1990 case in which state courts determined that the 90-day period does not begin until the close of the period for the submission of written comments. Thus, the sequence regarding the Atlantic Yards project did conform to the law, and the plaintiffs have withdrawn that claim.
Posted by lumi at February 6, 2007 8:26 AM