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October 1, 2008
Déjà delay all over again, redux (Part deux)
Here are two more online items on the latest Atlantic Yards hold-up, delay, stall, et cetera, et cetera...
Reason (blog), Eminent Domain Abuse on Hold in Brooklyn
Back in June, the U.S. Supreme Court refused to hear a previous Atlantic Yards case, Goldstein v. Pataki, which had challenged the eminent domain use on Fifth Amendment grounds. While the afflicted property owners were hardly thrilled at the High Court's refusal to take their case, lead attorney Matthew Brinckerhoff promised to take the fight to state court, declaring, "New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it."
Today he scored his first victory. Here's hoping it isn't the last.
Campaign for Community-Based Planning, Atlantic Yards Opponents Will Get Their Day in Court After All
The lawsuit claims that Forest City Ratner’s Atlantic Yards project violates the New York State Constitution’s public use, due process and equal protection clauses, as well as low-income resident requirements. According to DDDB, the Court’s decision means that oral arguments will be heard in the case sometime in March or April, with a decision then expected between late spring and fall 2009.
This is a major setback for developer Bruce Ratner, who recently told the New York Times that he planned to break ground in December. The project cannot move forward without using eminent domain. In addition, according to the Times, Ratner has brokered a contract with Barclays Bank that would provide $20 million a year for naming rights to the arena. This contract requires FCR to close on the land and secure the financing by the end of November.
Posted by lumi at October 1, 2008 6:49 AM