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June 17, 2009

Yards foes ‘suit’ up for another appeal

The Brooklyn Paper
By Mike McLaughlin

Nine property owners inside the Atlantic Yards footprint moved last week to appeal last month’s Appellate Division ruling that said the state could use eminent domain to seize privately owned land for the controversial arena and skyscraper proposal.

The plaintiffs want the Court of Appeals, the highest court in New York, to review the plan’s constitutionality, and ultimately, overturn the May decision by the lower court.

At issue is whether or not the NY State Consitution allows for property seized by eminent domain to be used for anything other than "low income housing" and whether or not an economic analysis is actually required.

article

NoLandGrab: Basically, the plaintiffs want the justices to rule whether or not the State Constitution is enforceable, or do developers get to change the rules along the way.

Posted by lumi at June 17, 2009 5:19 AM