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April 1, 2008
Cert Petition in Goldstein v. Pataki: How to Plead Kelo Pretext
inversecondemnation.com
A land use and appellate lawyer-slash-blogger analyzes the petition to the US Supreme Court filed by homeowners and renters fighting eminent domain abuse in Bruce Ratner's Atlantic Yards:
The homeowners threatened with eminent domain for the Atlantic Yards project in Brooklyn, New York have filed a petition for a writ of certiorari in Goldstein v. Pataki, 516 F.3d 50 (2d Cir. 2008).
The petition points out the schizophrenic nature of Public Use analysis after Kelo: on one hand, the Court's holding that "pretextual" takings or incidental public benefit would seem to allow an inquiry into the motivation of the condemnor, and the "actual purpose" of the taking. On the other, the Court's continuing reliance on the sweeping language of Berman and Midkiff might suggest that any reason that is "conceivable" would insulate a taking from further judicial scrutiny.
Posted by lumi at April 1, 2008 8:50 PM