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February 27, 2007

Lawyers claim AY wasn't Ratner's idea, but the record says otherwise

Atlantic Yards Report

Many decades from now, Brooklynites might be asking, "Just whose freakin' idea was this Atlantic Yards stuff anyway?"

Believe it or not, this is an important question for the eminent domain court case.

While U.S. Magistrate Judge Robert M. Levy last Friday recommended that the Atlantic Yards eminent domain case be dismissed from federal court, he acknowledged that the lawsuit "raises serious and difficult questions regarding the exercise of eminent domain under emerging Supreme Court jurisprudence."

So, the case will ultimately be heard on its merits, either in federal court (if the plaintiffs prevail on Judge Nicholas Garaufis to override Levy's recommendation) or in state court.

Then a judge will have to evaluate the curious claim, made by lawyers for Forest City Ratner in legal papers and in oral argument, that the developer did not initiate the Atlantic Yards project.

The developer Forest City Ratner (FCR) has been telling people for years that it was Marty's fault (actually, Marty has been bragging about it too). Norman Oder finds evidence to the contrary.


NoLandGrab: The most recent spin came from a newspaper in Utah, which wrote that Atlantic Yards was "the result of years of discussion on how to address New York's housing crisis, according to a spokesman for Forest City Ratner Companies." We wonder if this signals the latest story, one that might sound more compelling in court.

Posted by lumi at February 27, 2007 8:58 AM