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September 22, 2010
Gerges dismisses case claiming state had failed to condemn easement over Spalding Building
Atlantic Yards Report
Brooklyn Supreme Court Justice Abraham Gerges on September 20 dismissed a claim by Peter Williams Enterprises (PWE) regarding air rights above 24 Sixth Avenue (the Spalding Building), agreeing with the Empire State Development Corporation that PWE released such rights when it sold its own nearby property, the one-story 38 Sixth Avenue and that the exercise of eminent domain "extinguished all easements."
Williams had publicly said that he had brought the claim for money and his attorney asserted that the state had made a "colossal mistake" in not specifying that the easement was subject to eminent domain.
In court arguments on August 6, there was a small twist, suggesting there might be something to PWE's claim. While the ESDC's appraisal to PWE covered the building and the easement, the sums were lumped together in the offer to PWE. But Gerges didn't address that directly.
NoLandGrab: With Peter Williams more interested in money than righteousness, this case held zero hope for opponents of Atlantic Yards from the get-go.
Posted by eric at September 22, 2010 10:57 AM