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October 15, 2009

At eminent domain oral argument, judges skeptical of both sides; court spends more time on process, low-rent housing issue than AY as sweetheart deal

Atlantic Yards Report

Well, that’s what they call a “hot bench.” In 50 minutes of argument, the seven justices of the state’s highest court, the Court of Appeals, peppered the attorneys on both sides of the Atlantic Yards eminent domain suit with tough questions, essentially derailing both lawyers' efforts to proceed through their arguments.

In the end, there was no way to tell how the judges would rule in the only case that can formally stop the project, but, given the multiple legal issues in play, it's plausible they could focus on just one to resolve the case, known as Goldstein, et al. vs. New York State Urban Development Corporation d/b/a/ Empire State Development Corporation (or ESDC).

(Photos by Tracy Collins)

Speaking afterward, plaintiffs' attorney Matthew Brinckerhoff pronounced himself “"cautiously optimistic." While representatives of developer Forest City Ratner and the defendant Empire State Development Corporation (ESDC) weren’t talking, they praised defense attorney Philip Karmel enthusiastically.


Posted by lumi at October 15, 2009 7:34 AM