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February 9, 2007
Ratner foes have first day in court
The Brooklyn Paper
By Ariella Cohen
A familiar cast of characters clashed in the first courtroom battle over the fate of Atlantic Yards — with opponents saying the project abuses state condemnation powers and a state lawyer retorting that plaintiffs are “naive” to the ways of the world.
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The hearing, ostensibly to debate a motion to dismiss the case put forward by Ratner, the city and the state, ended inconclusively with Federal Judge Robert Levy promising to issue a decision “as soon as possible.”It is unlikely that Levy will dismiss the federal eminent domain complaint, a complicated, case filed by Goldstein, who is also spokesman for Develop Don’t Destroy Brooklyn, and 12 other Prospect Heights property owners who believe that their homes are being taken for a development that will primarily benefit Ratner, rather than the public.
Legal experts said that Levy could send the constitutional claim to state court, where most eminent domain complaints are heard.
In New York’s courts, the case could have a harder time because of its judges’ reluctance to rule against other governmental bodies on land-seizure cases, said eminent domain lawyer Robert Goldstein, who is no relation to the plaintiff.
Posted by lumi at February 9, 2007 10:41 AM