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February 2, 2008
Atlantic Yards Wins in Court Again
Brooklyn Daily Eagle
Ryan Thompson
Opponents of the Atlantic Yards project have often alleged that the project does not serve a public purpose but rather seeks to enrich the developer, Bruce Ratner. The Court of Appeals said “the claim that the ‘decision to take plaintiffs’ properties serves only one purpose’ defies both logic and experience.”The court further explained that the legislature is permitted to juggle many policy considerations in deciding whether to condemn private property. And the federal court is only obligated and empowered to review that process objectively, in effect “patrolling the borders” of the decision to use eminent domain, rather than second-guess every detail of such.
“This case has been very well litigated on both sides. At the end of the day, we are left with the distinct impression that the lawsuit is animated by concerns about the wisdom of the Atlantic Yards project and its effect on the community,” the court summed up in its written decision.
Posted by amy at February 2, 2008 12:41 PM