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June 8, 2007

Ratner foes' suit dismissed

Judge dismissed eminent domain lawsuit against Atlantic Yards project

NY Daily News
By Jotham Sederstrom

Yesterday's Daily News article got missed because it never showed up in a Google News Search, but it was brought to our attention by a reader who noted that Sederstrom is getting his Atlantic Yards lawsuits mixed up.

A state judge dismissed a lawsuit yesterday challenging the use of eminent domain in the controversial Atlantic Yards project.

Um... Goldstein v. Pataki was filed in FEDERAL court, which would make the judge a FEDERAL judge.

Sederstrom provided one detail, that has little significance, but makes one realize that a case like this could go either way depending on the forum:

Garaufis also ruled the proper venue for the case was in federal court, despite a February recommendation by a federal magistrate judge that it be heard in state court.

The next forum will be the second circuit court of appeals.

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Posted by lumi at June 8, 2007 7:31 AM