March 12, 2007
Brooklyn's Eminent Domain: Henry & Daniel v. Goliath
NJEminentDomain.com blogger and lawyer Bill Ward has been keeping tabs on our li'l ole land grab because of the far-reaching implications of whether "impermissible favoritism" by state and local authorities is permitted by the U.S. Constitution.
Property owners fighting Forest City Ratner’s massive Atlantic Yards project achieved a small but significant victory when N.Y. Supreme Court Justice Ira Harkavy ruled that Forest City Ratner had illegally acquired the tenant’s interest in a 1-acre property owned by Henry Weinstein.
This decision creates a hole in the 22-acre donut which Forest City has represented it controls. The tenant, Mr. Boymelgreen, and his lawyer vowed to appeal.
Mr. Boymelgreen thinks that Mr. Weinstein will use the court victory to leverage more money from Forest City. This may happen, or Mr. Weinstein may prove to be one of the true believers who will fight the right to take to the end.
Ward concludes by summarizing the status of the federal eminent domain suit and what remains at stake.
Posted by lumi at March 12, 2007 9:17 AM