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October 15, 2009
Court battle could determine fate of long-delayed Atlantic Yards project
NY Daily News
By Erin Durkin
Judges on the state's highest court lobbed tough questions at both sides Wednesday in a court case that could decide the future of the Atlantic Yards project.
Opponents charged that it's unconstitutional for the state to seize their homes and businesses for a private effort such as Bruce Ratner's Nets arena and 16-tower development.
Judges seemed skeptical of that argument.
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Judge Robert Smith questioned whether a state finding that the area was blighted was cooked up as an excuse to seize the property needed for Ratner's vision under eminent domain.
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[Chief Judge Jonathan] Lippman also suggested the seizure could be problematic because the project is mostly market-rate housing, possibly violating a state law on slum clearance.
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State officials said in a statement they're confident the court "will recognize the many substantial public benefits of the Atlantic Yards Project."But lead plaintiff Daniel Goldstein said if the court lets eminent domain go forward, "Forest City Ratner will get 22 acres of great real estate by stealing people's property."
Posted by lumi at October 15, 2009 6:54 AM