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November 25, 2008

Eminent domain case speeded up, might be heard in January

Atlantic Yards Report

Norman Oder reports on a timetable shift in the state eminent domain case that might explain a recent comment by Nets CEO Brett Yormark:

Well, the Atlantic Yards state eminent domain case will be heard on a faster track than first envisioned. On September 29, I predicted that final briefs would be due in late February, with a hearing sometime after that. That implied a decision no sooner than May or June.

The state appellate court, however, on its own accord changed the schedule, with the nine petitioners required to file their brief by this Friday, November 28. That means that the defendant Empire State Development Corporation has to respond by December 19 and that the petitioners' reply brief is due December 29.

Decision by March?

While no hearing has yet been scheduled, the timetable leaves open the possibility of a January hearing. And while a decision might come by March, that doesn't mean that Atlantic Yards backers would "get through litigation, some time in March," as New Jersey Nets CEO Brett Yormark said last week.

The losing side--most likely the petitioners, because the case is a long shot--would inevitably file an appeal, which could require several more months. And other litigation may persist or arise.

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Posted by lumi at November 25, 2008 5:41 AM