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April 13, 2010

Brief hearing on last Atlantic Yards case is anticlimactic; more motions to be filed, with argument May 12

Atlantic Yards Report

Though certainly a vigorous argument over the merits of the last Atlantic Yards case to face an initial hearing (as opposed to an appeal) may be possible, it didn't happen this morning, as lawyers argued briefly about procedural issues, delaying an argument until May 12.

The Empire State Development Corporation wants to move the case from state Supreme Court Justice Marcy Friedman in Manhattan to Justice Abraham Gerges in Brooklyn, contending that, given that he's overseeing the condemnation process, it's the appropriate venue, and he's already resolved the issues in a similar case.

A lawyer for the property owners, however, says that that shouldn't happen because, among other things, one of the property owners in this case was not a party to the previous case and the legal grounds are different.

link

NoLandGrab: Far more likely, the ESDC and Forest City Ratner don't want to have Justice Friedman, who was seemingly quite skeptical of certain of their arguments in another recent case, decide their fates.

Posted by eric at April 13, 2010 12:09 AM