January 29, 2010
Motion to dismiss condemnation raises procedural issues and larger argument that no findings were made for significantly changed (and delayed) project
Atlantic Yards Report
The condemnation hearing today in state Supreme Court could result in the Empire State Development Corporation (ESDC) taking title to property it needs in the Atlantic Yards footprint.
But attorneys for the property owners and leaseholders, in a case organized and funded by Develop Don't Destroy Brooklyn, are pressing both narrow and broad issues in their motion to dismiss the case. Most notably, they argue that the project has changed so much that the 2006 Determination & Findings (D&F) no longer stands.
It's an unusual challenge, breaking new ground, and thus hard to assess. Judges usually grant condemnation petitions. And judges usually hesitate to substitute their judgments for agencies like the ESDC
But AY has always been complicated, and the motion to dismiss (reproduced at bottom) makes some serious claims.
So, unless Justice Abraham Gerges decides that none of it is relevant, it could be a long hearing and/or a reason to allow much more time for further argument or an opportunity to consider dueling legal arguments.
Click on the link to get details on the legal arguments.
Posted by steve at January 29, 2010 7:33 AM