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August 4, 2007

Appeal Filed in Federal Case Against Atlantic Yards

Brooklyn Daily Eagle

The plaintiffs in a federal case challenging the use of eminent domain to build Forest City Ratner Companies’ planned Atlantic Yards Project have filed an appeal in the U.S. 2nd Circuit Court of Appeals.

The plaintiffs 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.
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In this case, the plaintiffs argued that the public use requirement was not met because the project’s primary purpose is to benefit FCRC — not to provide any public benefit.
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Arguments in the appellate court are scheduled for Tuesday, Oct. 9.

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Posted by amy at August 4, 2007 8:10 AM