Goldstein et al. v. Empire State Development Corporation
August 1st: Petition
filed in the Appellate Division Second Department of New York
State Supreme Court under EDPL 207.
>
Press Release (August 1, 2008)
> ESDC
Denied Motion to Dismiss (September 25, 2008 - Court
Order)
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Petitioners:
Daniel Goldstein; Peter Williams Enterprises,
Inc.; 535 Carlton Ave. Realty Corp.; Pacific
Carlton Development Corp.; The Gelin Group, Llc; Chadderton’s Bar
and Grill Inc., d/b/a Freddy’s Bar And Backroom; Maria Gonzalez; Jackie
Gonzalez; Yesenia Gonzalez; David Sheets
>
Petition
(Filed: August 1, 2008)
|
Respondent:
New York State Urban Development Corporation d/b/a Empire State Development
Corporation
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| Briefs |
>
Petitioners' Brief
(Filed November 28, 2008)
|
|
| Motion
to Dismiss |
| >
Opposition to Motion to Dismiss |
ESDC Filed a Motion to Dismiss
>
Motion to Dismiss
(August 20, 2008)
> Reply
to Opposition
|
| Court
Order Denying ESDC Motion to Dismiss |
Press:
It’s
unconstitutional! Yards foes pull out new ace in the hole (Brooklyn
Paper)
|
|
The US Supreme Court declined to grant cert
and accept the plaintiffs's case. The plaintiffs' will shortly file their
eminent domain claims in state court, in the appellate divsion.
June 23, 2008 Press
Release on the Court's order.
Supreme Court Denies Eminent Domain Petition
From Owners & Tenants Facing Property Seizures for Atlantic Yards
11 Property Owners and Tenants Will Take Their Case to
NY State Court To Challenge the Improper Use of
Eminent Domain Under New York State Law
|
Federal Eminent Domain
Lawsuit
Goldstein v. Pataki |
On March 31, 2008
11 Plaintiffs Filed a Petition for a Writ of Certiorari
Property Owners and Tenants Ask the
Supreme Court of the United States to
Hear Their Atlantic Yards Eminent Domain Case
Click
to Download Petition (with appendix)
Click
to Download Petition (without appendix)
(Docket
# 07-1247)
>
Defendants' (Empire State Development Corporation & NYC) Opposition
(May 16)
>
Plaintiffs' Reply to Defendants' Opposition (June 3)
>
Brief amicus curiae of Institute for Justice (May 2)
QUESTIONS PRESENTED TO THE COURT
Is the Court’s statement that the Public Use Clause prohibits the
taking of “property under the mere pretext of a public purpose, when
[the] actual purpose [is] to bestow a private benefit,” Kelo v.
City of New London, 545 U.S. 469, 478 (2005), a rule of general application,
or is it limited to takings justified solely on economic development grounds?
Does the substantial deference afforded to legislative public use determinations
under Hawaii
Hous. Auth. v. Midkiff, 467 U.S. 229 (1984), apply to non-legislative
condemnation decisions?
What are the elements of a Public Use Clause claim, and how should such
a claim be evaluated on a motion to dismiss, given the tension between Kelo’s
assurance that “purpose” and “pretext” matter and
Midkiff’s statement that courts should defer to a legislative
taking that appears “rationally related to a conceivable public purpose”?
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Press coverage of the petition to
the Supreme Court:
Kelo
sequel to Court
Lyle Denniston. SCOTUS Blog
Atlantic
Yards heads to Supreme Court
Eleven property owners and tenants filed a petition this week asking the
U.S. Supreme Court to hear their eminent domain appeal.
Crain's
New York Business. Kira Bindrim.
Group
wants Supreme Court to hear Atlantic Yards case
AP
(Newsday)
AY
eminent domain appeal asks the Supreme Court to clarify Kelo decision
Atlantic Yards Report
Atlantic
Yards May Prompt Supreme Court To Revisit Eminent Domain
NY Sun. Joseph Goldstein.
Cert
Petition in Goldstein v. Pataki: How to Plead Kelo Pretext
inversecondemnation.com
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Original complaint
filed October 26, 2006 in the
United States District Court for the Eastern District of New York |
| |
PLAINTIFFS
Daniel Goldstein, Maria Gonzalez, Jerry Campbell, Yesenia
Gonzalez, David Sheets,
Jackie Gonzalez, Aaron Piller, Peter Williams
Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific Carlton Development
Corp., Chadderton’s Bar and Grill, Inc., Gelin Group, LLC, and Rockwell
Property Management, LLC. |
DEFENDANTS
George E. Pataki, New York State Urban Development
Corporation, Bruce C. Ratner,
James P. Stuckey, Forest City Enterprises, Inc., Forest City Ratner Company,
Ratner Group, Inc., BR FCRC, LLC, BR Land, LLC, FCR Land, LLC, Brooklyn
Arena, LLC, Atlantic Yards Development Company, LLC, Michael Bloomberg,
Daniel Doctoroff, Andrew M.Alper, Joshua Sirefman, City of New York and
New York City Economic Development Corporation. |
Case Rulings and History
(Plaintiffs will be asking the US Supreme Court to Hear Their Appeal)
Complaint
- filed October 26, 2006
Magistrate
Judge Robert M. Levy's Report &
Recommendation to presiding Judge Nicholas Garaufis (Feb. 23, 2007)
Presiding
Judge Nicholas Garaufis' Memorandum and Order on Motion to Dismiss
(June 6, 2007)
US
2nd Circuit Court Opinion on Motion to Dismiss
(February 1, 2008)
|
Appeal
to 2nd Circuit Court of the District Court's Decision on the Motion to Dismiss
(Filed July 31, 2007)
(Oral argument scheduled
for Oct. 9, 10am.)
US
2nd Circuit Court Opinion (February 1, 2008)
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PLAINTIFFS
Appeal
Brief to the United States 2nd Circuit Court of Appeals
(Filed July 31, 2007)
|
ESDC (Filed
August 31, 2007)
Appellee's
Response Brief
State of NY (Filed August 31, 2007)
Appellee's
Response Brief
City of NY (Filed August 31, 2007)
Appellee's
Response Brief
Forest City Ratner (Filed August 31, 2007)
Appellee's
Response Brief
|
| Motion
to Dismiss (Filed December 15, 2006) |
PLAINTIFFS
Memorandum
of Law in Opposition to Defendants' Motion to Dismiss
(Filed January 5, 2007)
Amended
Complaint
(Filed January 5, 2007)
Memorandum
of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Supplemental
EDPL Claims
(Filed January 26, 2007)
Oral
arguments are scheduled for Wednesday,
February 7, 2007 at 2:00 p.m. in United States District Court:
Eastern District of New York
225 Cadman Plaza East
Courtroom 4D
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ESDC
Dismissal
Memorandum of Law
Notice
of Motion
Affidavit
on Motion
Reply
in Support of Motion to Dismiss
(Filed January 19, 2007)
Reply
in Support of Motion to Dismiss Fourth Cause of Action in Amended Complaint
(Filed February 1, 2007)
State of NY
Dismissal
Memorandum of Law
Notice
of Motion
Reply
in Support of Motion to Dismiss
(Filed January 19, 2007)
City of NY
Dismissal
Memorandum of Law
Notice
of Motion
Reply
in Support of Motion to Dismiss
(Filed January 19, 2007)
Forest City Ratner
Dismissal
Memorandum of Law
Notice
of Motion
Declaration
of Motion
Reply
in Support of Motion to Dismiss
(Filed January 19, 2007) |
| Report
& Recommendation Re: Motion to Dismiss (Issued February 23,
2007) |
| Magistrate
Judge Robert M. Levy's Report & Recommendation to presiding Judge
Nicholas Garaufis
Friday, March 30, 2007. 11 AM
Hearing on Magistrate Levy's Report
& Recommendation
United States District Court, Eastern District of New York
225 Cadman Plaza East. Room 4D |
PLAINTIFFS
Objections
to Magistrate Judge Levy's Report & Recommendation (on Burford
abstention)
(Filed March 9, 2007)
Memorandum
of Law in Response to Defendants' Objections to Magistrate Judge Levy's
Report & Recommendation (on ripeness and Younger abstention)
(Filed March 23, 2007)
Plaintiffs'
Reply in Further Support of their Objections to Magistrate Judge Levy's
Report & Recommendation (on Burford abstention)
(Filed March 28, 2007) |
ESDC
Objections
to Magistrate Judge Levy's Report & Recommendations (on ripeness and
Younger abstention) (Filed March 9, 2007)
Memorandum
of Law in Response to Plaintiffs' Objections to Magistrate Judge Levy's
Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)
Defendants'
Reply in Further Support of their Objections to Magistrate Judge Levy's
Report & Recommendation (on ripeness and Younger abstention)
(Filed March 28, 2007)
City of NY
MOL
in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report
& Recommendation (on Burford abstention)
(Filed March 23, 2007)
Forest City Ratner
MOL
in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report
& Recommendation (on Burford abstention)
(Filed March 23, 2007) |
Press
coverage of the arguments:
Eminent
domain case gets serious consideration in court (but the press mostly passes)
Norman Oder. Atlantic Yards Report. March 31.
Procedural
arguments return as eminent domain case hearing approaches
Norman Oder. Atlantic Yards Report. March 29.
Judge
Poses Tough Questions to Atlantic Yards Backers
Joseph Goldstein. NY Sun. February 8.
“Public
purpose” enters uncharted territory in marathon eminent domain “seminar”
Norman Oder. Atlantic Yards Report. February
8.
Opening
salvos fired in Atlantic Yards case
Patrick Arden. Metro NY. February 8.
Atlantic
Yards fight in court as mayor weighs in
Michael Clancy. amNewYork. February 8.
Yards
Ball Now In Judge's Court
Nik Kovac. Brooklyn Downtown Star. February 15. |
