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May 20, 2009
Atlantic Yards Will Face More Lawsuits; Will It Face Eternal Delays?
As Eminent Domain Challenges Fade, Opponents Prepare New Legal Attacks
Brooklyn Daily Eagle
Legal reporter Ryan Thompson maps out the opponents' options and strategies, in the wake of a loss in the latest stage in the eminent domain legal battle.
Below are some excerpts, but, for those of you who are following this fight closely, the entire article is well worth reading:
EMINENT DOMAIN APPEALS
[Daniel] Goldstein, the lead plaintiff in the case, Goldstein et al. v. Empire State Development Corporation, says the case will now go to the Court of Appeals in Albany, the state’s highest court. DDDB lead attorney Matthew Brinckerhoff agrees, believing that the constitutional issues are significant enough so that the Court of Appeals must accept the appeal.
...
If the Court of Appeals, which is comprised of seven judges, including Brooklyn-born Theodore T. Jones, rejects the appeal because they don’t think the constitutional questions are significant enough, Goldstein and his co-petitioners have two more bites at the proverbial apple.The petitioners can make a Motion for Leave to Appeal to the Appellate Division, so that they can appeal to the Court of Appeals. If that is denied, the petitioners can make the same motion to the Court of Appeals itself.
If all three of these attempts to appeal are denied, then this final eminent domain case is over. If the appeal gets to the Court of Appeals, where it will likely stay for some time, and the Court of Appeals then rejects the appeal, then the case is over just the same.
OPPOSING THE ACTUAL TAKING OF THE PROPERTY
After all the challenges to eminent domain have been exhausted, the state will then file an Article 4 proceeding in Brooklyn Supreme Court to get title to land. DDDB will oppose this.
DDDB will claim that they can’t rightly take the land at Atlantic Yards, because Ratner doesn’t have the necessary bonds and financing in place to make the project a reality.
ANOTHER ENVIRONMENTAL SUIT
But before title is transferred, DDDB will challenge the environmental review and approval of the project, based on the fact that the initial review and approval are insufficient since the original planned project has been modified so substantially over the years.
MORE SUITS POSSIBLE
Carponter cited some examples of possible upcoming lawsuits that would seek to stop Atlantic Yards. Carponter said that they could file a taxpayer lawsuit in federal court claiming the IRS made an illegitimate exception specifically for Ratner’s development; or perhaps a lawsuit that challenges the financing of the project.
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She acknowledged that the lawsuits would not have the effect of stopping construction of Atlantic Yards unless a stay or an injunction ordering such was issued as part of the new lawsuits. Seeking such injunctive relief would be one of the primary goals.
Posted by lumi at May 20, 2009 6:44 AM