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June 7, 2007
Federal Court Ruling Clears Obstacle From the Path of Atlantic Yards
The NY Sun
By Eliot Brown
The suit, filed by apartment owners, renters, and businesses, challenged the state's right to acquire the land and hand it over to a private development company, Forest City Ratner, arguing that it did not fulfill a public purpose, as is required for eminent domain.
U.S. District Court Judge Nicholas Garaufis's ruling rejected those arguments, bringing the state closer to moving forward with the property takings that would allow Forest City Ratner to begin construction of the complex.
A lawyer representing the project opponents, Matthew Brinckerhoff, vowed to appeal the decision, a move that he said would prevent the state from taking land for months.
"As long as this case is pending, they cannot proceed to the next step of the eminent domain process," Mr. Brinckerhoff said.
...
A spokesman for the Empire State Development Corporation, Errol Cockfield, said the state wants to avoid using eminent domain and hopes landowners will settle with Forest City Ratner.Should the development continue to be held up in court, the project could fall behind schedule; critics have questioned whether the Nets could move in for the 2009–10 season, as Forest City Ratner has suggested they will.
NoLandGrab: The Empire State Development Corporation's (ESDC) statement is curious. Is it indicative of the kinder, gentler, more benevolent administration? It seems meaningless, since Ratner spokespersons have repeatedly indicated that they do not negotiate with parties that are suing them.
In addition, the ESDC could force many aspects of the project back to the drawing board in order to make it more workable for everyone, including Ratner, but so far, it hasn't.
Posted by lumi at June 7, 2007 7:21 AM