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June 13, 2007
Federal Case Against Atlantic Yards Project Dismissed
Project’s Public Purpose Justifies Eminent Domain, Judge Says
Brooklyn Daily Eagle
Courthouse News & Cases
By Elizabeth Stull
The courthouse reporter for the Eagle reports on Garaufis's decision in the federal eminent domain suit:
The relative merits of the project and whether it will achieve any of its objectives are political issues the court may not consider after the U.S. Supreme Court’s decision in Kelo v. New London, Conn., Garaufis observed in a footnote.
The plaintiffs in both cases are property owners and rent-subsidized tenants located in the footprint of the planned 22-acre development project. They challenged the state’s right to forcibly take their property by eminent domain, saying it violates the Constitution. Both cases, Daniel Goldstein et. al v. George E. Pataki and Aaron Piller et. al v. George Pataki, et. al, named several state and city defendants along with the project developer.
NoLandGrab: The Piller suit is the exact same suit as Goldstein v. Pataki, and was consolidated with the latter after it was filed.
After reviewing the cases last winter at Garaufis’ request, Magistrate Judge Robert Levy recommended he abstain from reviewing them based on the U.S. Supreme Court’s decision in Burford v. Sun Oil. Under the Burford ruling, a case belongs in state court when the state’s strong interest in the matter outweighs the federal interest and the plaintiffs can have timely and adequate recourse in state court.
But Garaufis rejected this recommendation....
The federal district judge adopted Magistrate Levy’s recommendation to reject ripeness and a Younger abstention as grounds for dismissal. However, he dismissed the case on its merits, finding that the plaintiffs failed to state a valid claim.
Also from the Eagle, Ratner Gets the Nod in Eminent Domain Case.
Posted by lumi at June 13, 2007 8:57 AM