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May 20, 2007

Brooklyn Atlantic Yards: `Wrong Church, Wrong Pew,’ Says Manhattan Judge in Tenants’ Case

Brooklyn Daily Eagle provides accurate coverage of last week's State Supreme Court eminent domain case. This is notable, as they were the only media outlet to pull off this great feat.

By Sarah Ryley

Last week’s ruling on an Atlantic Yards-related case would be a victory for tenants everywhere “if it were correct,” said the plaintiffs’ attorney, George Locker. But he said the judge failed to grapple with the central issue of the case, the Empire State Development Corporation’s [ESDC] broad use of authority, often in circumvention of local laws and procedures.

The action sought a declaration that the ESDC could not use eminent domain to construct private roads (in this case, a private parking garage for the Atlantic Yards arena/high-rise project) under the state Constitution and the state Highways Law. The plaintiffs also argued that the ESDC has no jurisdiction over the non-renewal of the 13 plaintiffs’ leases, and no authority to cancel rent-stabilized leases; Locker said only the state Division of Housing and Community Renewal has that jurisdiction and authority.

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Posted by amy at May 20, 2007 7:37 AM