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June 24, 2008

In state court case, questions of “condemnation blight” and "reasonable" efforts to proceed

Atlantic Yards Report

All the Atlantic Yards legal action wasn't taking place in Washington yesterday, and Norman Oder has an exclusive:

On Monday morning, when most Atlantic Yards watchers were waiting to learn whether the Supreme Court would hear the AY eminent domain appeal (it said no), another legal drama was playing out in State Supreme Court in Manhattan, before State Supreme Court Justice Jane Solomon. Tenants, nearly all with rent-stabilized leases, in two buildings, are charging (lawsuit, follow-up) that the Empire State Development Corporation (ESDC) is violating a provision of the Eminent Domain Procedure Law (EDPL) that requires disposition of properties within a decade.

Solomon seemed skeptical of the main thrust of the argument made by attorney George Locker, who has filed two previous cases on behalf of the 13 tenants, who live in two Forest City Ratner-owned buildings within the footprint of the planned arena block.

Then again, she did seem somewhat sympathetic to Locker’s effort to paint the footprint as suffering from “condemnation blight,” a state of suspended neglect, and that the project has changed enough to require a public hearing.

The petitioners seek to annul State Funding Agreement agreement Law and also to order the court to require another public hearing, based on the law establishing the ESDC.

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Posted by eric at June 24, 2008 9:33 AM