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Release: June 23, 2008
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
BROOKLYN, NY--The United States Supreme Court denied the petition
to grant a hearing (cert petition) to eleven property owners and tenants
who asked the court to hear their appeal on the Second Circuit Courtís dismissal
of their challenge to the use of eminent domain for Forest City Ratnerís
Atlantic Yards development proposal in Prospect Heights, Brooklyn. The petition
received serious consideration by the Court. In a rare statement accompanying
the denial (it's unusual to have any statment at all when a petition is
denied), Justice Alito said he would grant the petition. However, four Justices
are required to accept the case.
The Courtís denial of the petition in Goldstein et al. v. Pataki et al. does not affirm or deny the plaintiffsí arguments, nor was it a ruling one way or the other on the plaintiffs' claims.And it is not the end of the legal road for the plaintiffs.
The plaintiffs, fighting to prevent the seizure of their homes and businesses for the benefit of Forest City Ratner, will now pursue their eminent domain challenge in state court under New York State law.
"We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound. New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened. Recent events have revealed that the public, and the Public Authorities Control Board were sold a bill of goods by Ratner and the Empire State Development Corporation. We now know that Ratnerís project will cost the public much more than it will ever receive," said lead attorney Matthew Brinckerhoff of Emery Celli Brinckerhoff & Abady LLP. "Now we will turn to the state courts to vindicate our rights. We will soon file an action in New York state court under state law as we were expressly permitted to do by the rulings of the federal courts."
Besides the eleven plaintiffs on Goldstein et al. v. Pataki et al. there are approximately 30 other residents and business owners in the projectís footprint whose properties would be seized for Forest City Ratnerís benefit.
Ironically, today is the 3rd anniversary of the Supreme Courtís extremely controversial
5-4 decision in the eminent domain case Kelo v. The City of New London.
The plaintiffs in the Brooklyn case did not seek to overturn Kelo, but rather
utilize the majority and concurring opinions to make their case.
The petition and all lower court briefs and decisions in Goldstein et al v.
Pataki et al can be found at: http://www.dddb.net/eminentdomain.
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fighting for development that will unite our communities instead of dividing
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