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April 13, 2010

Case challenging ESDC's 2006 eminent domain findings put on hold until May 12; ESDC asks for case to be moved or dismissed

Atlantic Yards Report

AYR reports on yesterday's Atlantic Yards hearing in state Supreme Court, at which a new hearing date was set: May 12th at 11 a.m.

The six plaintiffs--five of them already having seen title transfer to the Empire State Development Corporation (ESDC)--want the agency to issue a new Determination & Findings (D&F) to justify the use of eminent domain, given that Atlantic Yards has changed so much since the 2006 D&F was filed.

The ESDC 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 very similar case.

Friedman said she would allow motions making such a request to be filed, but said that no inference should be drawn from her action. She also admonished the parties not to file any new motions without the "prior leave of the court."

Which judge sought

Last month, while ruling for the ESDC in a case challenging the agency's approval of the 2009 Modified General Project Plan, Friedman nevertheless criticized the ESDC's "deplorable lack of transparency."

So presumably the ESDC would rather face a judge other than Friedman.

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Posted by eric at April 13, 2010 1:57 PM