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February 20, 2009
As oral argument in state eminent domain case approaches, questions of a cost-benefit analysis and a different state standard
Atlantic Yards Report
Norman Oder previews Monday's oral argument in a primer to the state-level challenge to the use of eminent domain for Atlantic Yards, Goldstein et al. v. Empire State Development Corporation.
The Atlantic Yards eminent domain case, after dismissal in the federal courts, goes to state court Monday, February 23, when the oral argument will be heard before the Appellate Division, Second Department. (That division, as opposed to a lower court, is designated to hear all cases challenging New York State’s Eminent Domain Procedure Law (EDPL).)
The new case has to be considered a long shot. The EDPL allows only 15 minutes for oral argument, and there’s no opportunity to cross-examine witnesses or acquire documents through discovery--reasons why critics say New York law is in desperate need of reform.
...Some but not all of the arguments in Goldstein et al. v. Empire State Development Corporation (ESDC) reprise those made in the federal case, though, in one new argument, the plaintiffs may have established an advantage.
They contend that, in order for the state to assess whether public benefits from the project would trump the private ones, the ESDC should have conducted an analysis, but didn't do so.
The ESDC's response is to proffer a report that was not released publicly before the project was approved and did not truly represent an analysis, the plaintiffs point out.
The oral argument will be heard this coming Monday, February 23rd, 2009, at 10:00 a.m. at:
The Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, New York
[map]
Click here for more info.
Posted by eric at February 20, 2009 11:28 AM