Gowanus Lounge: Serving Brooklyn

Breaking: Supreme Court Won’t Hear Atlantic Yards Case

June 23rd, 2008 · 3 Comments

Atlantic Yards Redesign Crop

The United States Supreme Court has just announced that it will not consider the eminent domain case brought by opponents of the Atlantic Yards development. While this clears the decks in terms of the Federal courts and the issue, the 11 property owners will now take the case to New York State Court, which is where the Federal courts have said the issue should be heard. The plaintiffs argue that taking land by for the Forest City Ratner project by eminent domain is unconstitutional. Per a press release from Develop Don’t Destroy Brooklyn issued immediately after the decision:

The Court’s denial of the petition in Goldstein et al. v. Pataki et al. does not affirm or deny the plaintiffs’ arguments, nor is it 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.

There are potentially still many, many more months of litigation ahead in the case. It is believed that Forest City Ratner will launch a vigorous effort to try to prevent the case from being heard in the State Courts.

Tags: Atlantic Yards · Prospect Heights

3 responses so far ↓

  • 1 Red Hook // Jun 23, 2008 at 12:40 pm

    I am surprised the Supreme Court didn’t want another crack at this [the eminent domain issue].

    It leaves the project in an interesting place: Ratner really no longer has the funds to build it. Political support has tempered.


  • 2 Red Hook // Jun 23, 2008 at 12:43 pm

    “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.”

    Wow. That is unheard of!

  • 3 Peregrine // Jun 23, 2008 at 3:20 pm

    This is just another example of Mr. Odor’s AYR and DDDB’s misuse and IMO abuse of the people who should have made a deal with Ratner and bought homes.
    Instead they are being used by the lawyers who are the only ones making any money.
    Every single decision has gone Ratners way. AYR & DDDB are frauds.