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June 23, 2008
Legal Blogging
SCOTUSBlog, A new vote for property rights?
Lyle Denniston explains the implications of what happened today in the US Supreme Court:
The Supreme Court refused on Monday, amid a flurry of orders, to reopen the heated controversy over the power of government to seize private property for a new economic development project, but owners of property appeared to have picked up a potential new ally on the Court. Justice Samual A. Alito, Jr., was the only member of the Court to note that he would have granted review of a significant Second Circuit Court ruling on property rights in the face of a massive new project in the Prospect Heights section of Brooklyn, N.Y.
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Because the Court simply denied review of the Second Circuit decision, it set no new precedent. But the case had been closely watched for the Court’s reaction to the one of the first significant sequels to arise in the controversy that spread rapidly across the country following its much-disputed 2005 ruling in Kelo v. New London, allowing private property to be taken for economic redevelopment by private organizations. Justice Alito was not on the Court for Kelo; his predecessor, now-retired Justice Sandra Day O’Connor, wrote the main dissent. Justices Antonin Scalia and Clarence Thomas also dissented; they did not reveal their votes Monday in the Goldstein case. Chief Justice John G. Roberts, Jr., also not on the Court for Kelo, did not reveal his vote Monday (his predecesssor, the late Chief Justice William H. Rehnquist, dissented in rhe 2005 decision).
The Wall St. Journal, Law Blog, High Court Says ‘Fuggedaboutit’ To Brooklyners’ Appeal, Kelo Challenge
As a Brooklyn resident, the Law Blog enjoys many quality local newspapers, from the Daily Eagle to the wonderfully understated Brooklyn Paper. If there’s one topic that’s consistently dominated the headlines of these publications, it’s the the Atlantic Yards project — a massive development plan by Bruce Ratner’s company, Forest City Ratner, to build a sports arena for the NBA’s New Jersey Nets, to be renamed the Brooklyn Nets, as well as offices and condos.
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Today, that suit hit a snag when, on the third anniversary of Kelo v. New London — the controversial eminent domain decision from 2005, in which the Supreme Court ruled that municipalities could seize property for private development — the Court refused to reopen the same controversy that’s now raging over the Atlantic Yards project.
Castle Watch Daily, U.S. Supreme Court denies cert in Goldstein v. Pataki
Goldstein’s case goes back to the state court system in New York. Also, FNC’s Special Report with Brit Hume featured Goldstein’s case last Thursday and places it in the context of Kelo.
LAW OF THE LAND, SCOTUS Denies Cert in Goldstein v. Pataki – Atlantic Yards Eminent Domain Case
Links to other coverage including, SCOTUSBlog and Atlantic Yards Report.
According to the orders list handed down today, Justice Alito would have granted cert. See page 9 of the following orders document: http://www.scotusblog.com/wp/wp-content/uploads/2008/06/orders-mon-0623.pdf
Posted by lumi at June 23, 2008 7:38 PM