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May 15, 2009
Eminent domain expert: AY EIS decision deserves an Oscar for "approving a litigation outcome while holding the judicial noses"
Atlantic Yards Report
In February, when a state appellate court ruled against a challenge to the Atlantic Yards environmental review, I noted that the majority "took pains to express some skepticism about the project" and Justice James Catterson offered "a concurrence that had the tone of a dissent."
Gideon Kanner, an emeritus professor of law at Loyola University in Los Angeles and a veteran eminent domain litigator and critic, took a much bigger swing, in a post on his Gideon's Trumpet blog headlined It’s Oscar Time for their New York Lordships:
Since we write a stone’s throw from Tinseltown, we tend to award Oscars for outstanding performance, and the New York judiciary has just turned in a breathtaking bravura performance that calls for such recognition. The Oscar for writing an opinion approving a litigation outcome while holding the judicial noses, goes to the New York Appellate Division, First Department, for its virtuoso performance in Develop Don’t Destroy Brooklyn v. Urban Development Corp.
Here's Kanner's original post:
Gideon's Trumpet, It’s Oscar Time for their New York Lordships
No comment appears necessary, except perhaps to tell New Yorkers who may be reading this blog, that next time some politician — black-robed or otherwise — starts pontificfating about “judicial independence,” remind him of this opinion in which the judges recognized that there was no basis for their decision, but they rendered one in favor of the condemnor anyway in a sort of a the-devil-made-us-do-it performance.
Posted by eric at May 15, 2009 10:55 AM