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May 24, 2007
One Yards Suit Gets Boot, But the Big Ones Remain
Brooklyn Downtown Star
By Norman Oder
The less far-reaching of the two eminent domain lawsuits challenging the Atlantic Yards development faced a setback in court last week, as a state trial court judge-as he had strongly hinted in oral arguments on March 13-ruled that the case belonged instead in the Appellate Division, where challenges to eminent domain determinations are heard, but without the legal muscle that could be mustered in trial court.
This case involves 13 tenants in two rent-stabilized buildings in the planned arena block of the Atlantic Yards footprint, at 624 Pacific Street and 473 Dean Street. Represented by attorney George Locker, they argued that their landlord, Forest City Ratner, should be subject to the tougher regulations of the New York State Division of Housing and Community Renewal (DHCR), rather than remain free to convey the buildings to ESDC for "friendly condemnations.
It is separate from two pending cases organized by Develop Don't Destroy Brooklyn (DDDB) and allies: a federal court challenge to eminent domain and a state court challenge to the state's environmental review of Atlantic Yards.
Posted by lumi at May 24, 2007 9:32 PM