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October 10, 2007
Atlantic Yards Opponents Appeal Dismissal of Eminent Domain Case
The NY Sun
By Eliot Brown
The appeal, heard before the U.S. Court of Appeals for the 2nd Circuit, is one of few remaining legal options for the group opposing the seizure of property. If successful, the trial would likely be held in district court, which could delay or block construction.
A federal district court judge in Brooklyn, Nicholas Garaufis, dismissed the plaintiffs' lawsuit in June, before it could reach a trial.
In the arguments today before a three-judge panel, the landowners' attorney, Matthew Brinckerhoff, said that a trial was necessary to determine whether New York State illegitimately awarded the project to the developer, Forest City Ratner. He noted that a competing proposal would have brought more money to the state and did not require the use of eminent domain.
"The taking here was motivated by a desire to benefit a particular private developer," Mr. Brinckerhoff said.
The state argued that allegations of motive are irrelevant since the public benefit of the project — a requirement in the use of eminent domain — was not in doubt.
Posted by lumi at October 10, 2007 10:07 AM