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March 1, 2010
Nets arena foes lose another court case
Bergen Record
by John Brennan
The New Jersey Nets inched another significant step toward Brooklyn on Monday, as a New York State Supreme Court judge ruled against every objection raised in a lawsuit by opponents of the proposed basketball arena, housing and commercial project known as Atlantic Yards.
...The ruling moves project developer Forest City Ratner and Nets owner Bruce Ratner closer to exercising eminent domain to evict the plaintiffs, as well as to receiving state approval to close several streets in the neighborhood near downtown Brooklyn, where the project is scheduled to be built. The Nets hope to begin play in their new Barclays Center arena in the fall of 2012, but construction must begin in earnest by this summer to allow for such a franchise shift.
...Gerges wrote that even if Goldstein’s cynicism about the actual public benefits proves to be well-placed, that is not the issue for the court. Instead, the court must simply find whether the state “rationally could have believed” that the use of eminent domain would lead to the achievements of the goals of the developers and the state.
Goldstein had pointed to a September 2009 analysis by the city’s Independent Budget Office that the arena would be a money loser for the city and that the developers are permitted to take up to 25 years to fulfill promises related to the construction of affordable housing at the project.
Gerges ruled that Goldstein has until Sept. 1 to file claims related to efforts to use eminent domain to take his condominium.
Posted by eric at March 1, 2010 4:36 PM