Breaking: Appelate Court Rules Against Home, Business Owners and Tenants in Atlantic Yards Eminent Domain Lawsuit

At a time when many local politicians and citizens would likely describe Bruce Ratner's Atlantic Yards project as the biggest real estate boondoggle in NYC development history, a New York State Appellate Division (Second Department) panel of 4
judges ruled against nine Brooklyn homeowners, business owners and
tenants who had filed a lawsuit to stop New York State from seizing
their homes and businesses by eminent domain to benefit developer Bruce
Ratner for his indeterminate and uncertain development proposal known
as Atlantic Yards in Prospect Heights, Brooklyn. (The ruling in Goldstein et al. v. Empire State Development Corporation is here.)

The plaintiffs will appeal the ruling to the Court of Appeals.

It is any surprise that Borough President Marty Markowitz, who refuses to admit that he may have been wrong about what many believe is a misguided and out-of-scale project, is thrilled. The way that the local community was left out of the decision making on this project and land  use considerations were sidestepped is considered by many to be corrupt and undemocratic. Markowitz just sent out his press release:

“The unanimous ruling by the State Appellate Division once again
affirms the numerous public benefits of the Atlantic Yards project—during
these difficult economic times and into Brooklyn’s bright
future—including the creation of affordable housing, solid union jobs, and
permanent employment opportunities to meet the demands of new residents and
visitors to the future Barclays Center. Today’s decision marks a
significant step forward in the dream of bringing professional sports and a
world-class facility back to our borough, and Brooklyn’s shovels are, and
have been, ready. So, let’s pick them up and get to work!”

In its decision, the court wrote: “We
find that, on the record in this case, the condemnation does not
violate the Public Use clause of the New York Constitution because it
cannot be said that the public benefits which the Atlantic Yards
project is expected to yield are incidental or pretextual in comparison to the benefit that will be bestowed upon the project’s private developer.”