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October 8, 2009


October 14th Press Conference and Court of Appeals Argument on Landmark Atlantic Yards Eminent Domain Case

ALBANY, NY— At 2pm on October 14, Brooklyn residents and business owners will hear their case argued in New York's high court, the Court of Appeals. They will hold a press conference beforehand, outside the court, at 12:30.

Their landmark case (Goldstein et al. v. Urban Development Corp) challenges New York's Empire State Development Corporation’s (ESDC) attempt to use eminent domain to seize their properties and hand them over to developer Bruce Ratner to assemble land to build the controversial Atlantic Yards project—a basketball arena and 16 skyscrapers—in Prospect Heights, Brooklyn.

Ratner cannot construct the project without the State seizing these properties by this abusive use of eminent domain.

The Court of Appeals has been asked to decide:
> The meaning of "public use" in the State Constitution's eminent domain clause;
> Whether a Constitutional clause requiring srtictly low income housing for a "slum clearance" project subsidized by the state applies to Atlantic Yards (the project proposes mostly market rate housing);
> Whether a "public use" can be ascertained when the private developer's benefit is unknown and the "public benefit" appears to be incidental to that private benefit.

All case briefs are at: www.dddb.net/eminentdomain

(The Institute for Justice released a report yesterday documenting widespread eminent domain abuse in New York State. The report stresses the importance of the Goldstein case. It can be downloaded at: http://tinyurl.com/buildingempires)

Court of Appeals Eminent Domain Argument and Press Conference Prior to Argument

Wednesday, October 14
Press Conference: 12:30pm
Argument: 2pm

Across the Street from the Court of Appeals
20 Eagle Street
Albany, New York

Press Conference
Brooklyn residential and business owners and tenants challenging New York State's use of eminent domain for the Atlantic Yards project.
Brooklyn citizens and elected officials supporting the property owners and tenants in their legal challenge.

Attorney Matthew Brinckerhoff

Posted by eric at October 8, 2009 11:25 AM