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October 9, 2009
Beyond the eminent domain case, other lawsuits looming against ESDC and MTA, but can they have any impact?
Atlantic Yards Report
Norman Oder runs down once and future litigation against Bruce Ratner's Atlantic Yards project.
Many people believe that the pending eminent domain case, to be heard in the Court of Appeals on October 14 after being rejected at the trial court and appellate court levels, is the only piece of litigation that can stop Atlantic Yards from going forward.
That may be so, and that case has to be considered an uphill battle for the plaintiffs. Both the Empire State Development Corporation (ESDC) and developer Forest City Ratner have expressed confidence about success in the case.
Still, the willingness of the Court of Appeals to accept a case unanimously dismissed at the appellate division suggests that the court recognizes it needs to at least clarify whether the state constitution restricts eminent domain more than does the federal constitution. (On Monday, I'll have a preview of the legal arguments.)
And, if the court upholds the defendants, the ESDC apparently intends to pursue eminent domain even as other cases proceed.
More litigation
Meanwhile, one other appeal is still in play and three other cases should be filed soon, both by Develop Don't Destroy Brooklyn (and allies) and the BrooklynSpeaks coalition. News of the latter's suit surfaced yesterday.
While these lawsuits may not be able to stop the project formally, they might raise sufficient questions to affect the financing of the arena. More likely, they would at least shine some light on the process behind some questionable decisions by the ESDC and the Metropolitan Transportation Authority (MTA).
Posted by eric at October 9, 2009 10:41 AM