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Atlantic Yards' Eminent Domain Lawsuit Dismissed
By
Jen Chung
Published Jun 7, 2007
Modified Mar 7, 2008
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By
Jen Chung
Published Jun 7, 2007
Modified Mar 7, 2008
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A federal judge dismissed an eminent domain lawsuit that would have stopped the Atlantic Yards project in Brooklyn. The lawsuit, brought by Daniel Goldstein of the vocal anti-AY group Develop - Don't Destroy Brooklyn, claimed that the multi-billion dollar project abused eminent domain, by not having much public benefit, only benefit for developer Bruce Ratner. Judge Nicholas Garaufis dismissed the case, writing, "Plaintiffs have not set forth facts supporting a plausible claim of an unconstitutional taking. Nowhere in the amended complaint or their briefs do plaintiffs sufficiently allege any purpose to confer a private benefit." You can read more about the case, Goldstein vs. Pataki, here.
Ratner said, "Today's decision is an important victory not only for Atlantic Yards but for Brooklyn as well. This decision means we are one step closer to creating over 2,200 units of affordable housing, thousands of construction and office jobs and bringing the Nets to Brooklyn." However, the plaintiffs say they will appeal to the U.S. Court of Appeals and believe the "constitutional claims are plausible and require a trial." No Land Grab gives a POV: "t is our view that if Judge Garaufis’s ruling is allowed to stand, then there are effectively no protections for private property in the State of NY."
Yesterday, Norman Oder's Atlantic Yards Report had an interesting look at whether the project would be mostly privately financed, finding that it seems like many parties have been misleading.
Photograph by rynokins on Flickr
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Atlantic Yards
Atlantic Yards Report
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brooklyn
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Daniel Goldstein
Destroy Brooklyn
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Judge Garaufis
judge nicholas garaufis
lawsuit
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No Land Grab
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Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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