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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