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April 9, 2010

Did Gerges decision in March moot final Atlantic Yards case? Same grounds, new context. Oral argument Monday should be vigorous.

Atlantic Yards Report

Norman Oder has a preview of Monday's Atlantic Yards legal showdown.

The one extant Atlantic Yards lawsuit (not counting the effort to reopen another) approaches an oral argument at 9:30 am on Monday, April 12.

The suit (Williams vs. New York State Urban Development Corporation), filed by several property owners facing condemnation, challenges the Empire State Development Corporation's failure to issue a new Determination & Findings (D&F) based on the argument that the project changed so much from 2006--when it was supposed to be completed within a decade--that there was no longer a basis for an eminent domain finding.

After all, the Development Agreement signed last December 23 but not revealed until January 25, gives the developer six years to build the arena, 12 years to build Phase 1, 15 years to start construction of the platform, and 25 years to finish the project.

At essence is this:

This case presents the question of where – on the continuum from no changes to the factual basis for an [Eminent Domain Procedure Law] § 204 determination to profound material changes – a case must fall before those changes merit an order compelling a condemning authority to supplement, amend or renew its determination.


Posted by eric at April 9, 2010 11:01 AM