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June 30, 2009
HEADLINES: Not-so-frivolous eminent domain lawsuit (late) edition
Brooklyn Daily Eagle, Atlantic Yards Likely Delayed Until Winter
The Eagle's Ryan Thompson has an excellent wrap-up of today's legal news, and its implications.
The state’s highest court will consider the constitutionality of Atlantic Yards, and regardless of what it decides, the multibillion dollar project will likely be delayed until winter.
Arguments are scheduled for October, and a decision from the court is expected to be issued in November or December, meaning that resolution of the eminent domain issues and transferring of title likely won’t happen until the winter, if not next year.
Developer Bruce Ratner, facing financial deadlines, had vowed to break ground on the Barclays Center basketball arena in the fall. That now appears impossible, according to the court’s scheduling of the case.
...“We are gratified that the state’s high court will hear this important case about whether our state’s constitution protects the homes of its citizens from the wrecking ball of greed wielded by influential developers and the public officials who do their bidding,” [plaintiffs' attorney Matthew] Brinckerhoff said. “This case provides an opportunity for the New York Court of Appeals to continue its proud tradition of interpreting this state’s constitution in a manner that affords more protection to individual rights and liberties. We look forward to the argument in October."
NY Post, STATE'S HIGHEST COURT TO HEAR ATLANTIC YARDS CASE
In a stunning move, the state's highest court has agreed to hear a legal challenge over the use of eminent domain to seize private land for Brooklyn's controversial Atlantic Yards project.
..."It is a great day for New Yorkers concerned about abuses of power," Develop Don't Destroy Brooklyn spokesman Daniel Goldstein said. "We will vigorously continue to defend our rights. But New York State and Mr. Ratner have a choice: they could avoid our legal challenge by finally taking eminent domain off the table."
Crain's NY Business, Atlantic Yards faces fresh obstacle
Just when it seemed that Forest City Ratner Cos. was overcoming all the obstacles blocking its controversial plan to develop Atlantic Yards, another potentially serious hurdle has emerged.
What Crain's means is "just one day after we wrote a silly whopper of an editorial supporting Atlantic Yards, another potentially serious hurdle has emerged."
WNYC Radio, Court of Appeals to Hear Atlantic Yards Case
By agreeing to hear the case, plaintiffs say, the court has already decided there's a constitutional issue worth settling. They also contend that the appeal will put Ratner dangerously close to a December 31st IRS deadline for issuing tax-exempt bonds. If it takes longer than that to sort out legal questions, Ratner would have to resort to conventional bonds, which would cost hundreds of millions of dollars more in interest payments. Last year, the court of appeals did decide all of its October cases by December 2nd. If that schedule holds this year, and Ratner wins the appeal, a late December groundbreaking for the basketball arena is still possible.
WNYC's Brian Lehrer Show, Gridlock at Ground Zero
"[Bruce Ratner's] got a very small window of opportunity here, which just got even a little bit smaller today."
[Atlantic Yards segment from 17:10 to 19:10]
NLG: The New York Times's Charles Bagli and WNYC's Andrea Bernstein confuse the dates of the Court hearing and the ESDC public hearings, but the upshot is still not great for Bruce Ratner.
Posted by eric at June 30, 2009 6:24 PM