NEW LIFE FOR EMINENT DOMAIN LAWSUIT

Special Report from Develop Don't Destroy Brooklyn

[ December 7, 2009] On December 3, 2009, the Manhattan Appellate Division court ruled for property owners who challenged Columbia University's use of eminent domain for its expansion. This came just nine days after New York's highest court—the Court of Appeals—ruled against owners challenging the state's use of eminent domain for Bruce Ratner's Atlantic Yards proposal. The rulings completely contradict each other. What does it mean? Here is our statement to the press:

Not So Fast, It's Not Over:
Court's Decision in Columbia Case Breathes New Life Into Case Against
Eminent Domain for Brooklyn Atlantic Yards Project

Victory Against Eminent Domain Abuse Looks Like Tipping Point In
Statewide Fight


BROOKLYN, NY — The Atlantic Yards project suffers a blow.

In an important decision with far-reaching ramifications, New York's Supreme Court Appellate Division (First Department) ruled today that the Empire State Development Corporation cannot seize private properties by eminent domain to give to Columbia University.

The property owners and tenants in the Atlantic Yards eminent domain case, Goldstein et al. vs. NY Urban Development Corp., were thrown a lifeline today by a Manhattan state appellate court. In a 3-2 decision, written by Justice James Catterson, the Appellate Division ruled that the state agency violated the Constitution when it found
that the Manhattanville area near Columbia University was blighted and thus subject to seizure and transfer to the private university.

"The timing of the ruling is certainly propitious," said Matthew Brinckerhoff, lead counsel for the home and business owners who just nine days ago had lost the first stage of their legal challenge to
the confiscation of their properties." As Justice Catterson rightly observed the Empire State Development Corporation's abusive practices are the height of 'idiocy.' In the next few days, we will file a motion asking the Court of Appeals to reconsider its ruling in our case, based on this new indictment of the agency's standard operating procedure. We know that the Court of Appeals will now review the Columbia University ruling, and we are optimistic that the abuse of power detailed in Justice Catterson's powerful opinion, combined with the agency's similar conduct in the Atlantic Yards case will cause a few of the Judges who already expressed skepticism to reconsider
their decision. This will give us a rare second bite at the apple. We will not waste it."

"My co-plaintiffs and I will fight every way possible to keep our homes and businesses from being seized. It is clear to me that the Catterson opinion speaks directly to the very same abuses perpetrated by the ESDC in its attempts to push Ratner's project forward. Today's Columbia ruling gives us good reason for hope that our rights to enjoy our properties will be restored by the Court," said Daniel Goldstein, lead plaintiff on the Atlantic Yards eminent domain case.

[As the legal fight moves forward, your financial support is critical. Please consider and end- of-year tax-deductible contribution. Please donate to Develop Don't Destroy Brooklyn so we can all win in the courts: http://www.dddb.net/donate]

[See also EMPTY DOMAIN: Land Confiscated In "Public Interest" Under Supreme Court Eminent Domain Decision Goes To Waste in Issue #54 of The SHADOW, as well as Atlantic Yards Arena Bonds Appear To Be Illegal and Gov. Paterson Allows ESDC To Move Forward With Eminent Domain VS Homes + Businesses Two Days Before Xmas]

 
 
 
 
 
 
 
 
 
 
 
 
 
 



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