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July 5, 2009
NY Court Agrees To Hear Atlantic Yards Eminent Domain Suit
Encore
Perhaps this article is about the progress of the Eminent Domain lawsuit brought by residents living in the footprint of the proposed Atlantic Yards project appears to be a little late due to the Encore's weekly publication schedule.
New York's highest court has decided to hear a challenge to the state's use of eminent domain for the Atlantic Yards development in Brooklyn.
According to the New York Times, the Court of Appeals is set to hear arguments in October in a case that might throw a roadblock into developer Bruce C. Ratner's plans for the development.
Lawyers for the project expect that the favorable decisions of the lower courts unanimous rulings will be upheld, supporting the state's use of eminent domain while opponents hope that the Court of Appeals will reconsider the matter based on constitutional concerns.
The Appellate Division had previously rejected the suit, stating that the development would serve the public interest as approximately 40% of the housing being planned would be aimed at low income residents. The state had recommended that the Court of Appeals reject the suit as well, noting that the project had been approved at the city and state level but the request appeared to fall on deaf ears.
The decision to hear the case could raise issues for the developers, who are already facing significant challenges in obtaining funding for the project.
Posted by steve at July 5, 2009 8:00 AM