Federal Court Rejects Atlantic Yards Appeal: Full Coverage

A federal appeals court rejected an appeal by critics of the use of eminent domain in the $4 billion Atlantic Yards mega-project in Brooklyn, a big, if expected, victory for developer Forest City Ratner, and surely a demoralizing blow to project opponents. (There are statements from Forest City and from opponents below this story.)

The decision nearly puts to rest the legal chapter of this years-long, high-profile development battle. Since the plan was approved more than a year ago, the courts have been the focus of any attention, as Forest City chairman Bruce Ratner has done little work on the Prospect Heights site other than demolitions and some other preparation.

The rejection leaves opponents with few legal avenues left, as the appellants on the lawsuit would need a decision by the U.S. Supreme Court to merely be granted a trial in the case, let alone to come out victorious. Critics had said they put their highest hopes at the federal appellate level, and have previously conceded that it was unlikely the Supreme Court would take the case (the court only hears a few dozen cases a year).

The critics had appealed on a number of grounds, though argued generally that the use of eminent domain was unconstitutional as any public good that may have come of it was merely a pretext for Forest City Ratner’s private gain.

The court dismissed that argument, and the others. “As Kelo reaffirmed, the mere fact that a private party stands to benefit from a proposed taking does not suggest its purpose is invalid because '[q]uite simply, the government’s pursuit of a public purpose will often benefit individual private parties,'" the decision said.

Last month, critics were dealt a loss in state court, where they had challenged the state’s environmental impact statement, though they have pledged to appeal.

Statement from Forest City Ratner below:

FOREST CITY RATNER STATEMENT ON VICTORY IN FEDERAL EMINENT DOMAIN CASE

U.S. Court of Appeals Affirms Judge of District Court

February 1, 2008 - Brooklyn, NY - Bruce Ratner, the CEO and Chairman of Forest City Ratner Companies, today applauded the United States Court of Appeals, Second Circuit, affirmation of the District Court's decision in a case brought by opponents of the Atlantic Yards project in Brooklyn on the grounds that the use of eminent domain violates the Public Use Clause of the Fifth Amendment. The District Court had decided against the plaintiffs in the case.

“Today's decision is more than another victory for Atlantic Yards," Mr. Ratner said. "It is a victory for public good and the importance of investing in diverse communities throughout the City. Atlantic Yards will bring thousands of affordable homes and needed jobs to Brooklyn. We believe, and the courts have repeatedly agreed, that these are real benefits that will have a significantly positive impact on the borough and the City.”

Two weeks ago, opponents suffered another defeat when the NY State Supreme Court ruled against them in a case involving environmental review procedures. Opponents have lost over a dozen court decisions in the past two years.

Statement from Develop Don't Destroy Brooklyn:

Circuit Court Rules Against Homeowners, Business Owners and Tenants in Atlantic Yards Eminent Domain Appeal

Plaintiffs Intend to Ask US Supreme Court to Hear Their Case


Plaintiffs Will Seek All Legal Remedies to Protect Their Homes and Businesses From Seizure by New York State

New York, NY— The Second Circuit Court today ruled against 14 homeowners, business owners and tenants in their appeal of their lawsuit alleging that New York State's use of eminent domain to take their properties for Forest City Ratner's Atlantic Yards project violates the United States Constitution.

Plaintiffs' attorney Matthew Brinckerhoff said, "Today's decision is disappointing. We disagree with its conclusion. We intend to ask the US Supreme Court to hear our case, and will continue to pursue every avenue available to prevent the unlawful seizure of my clients' homes for Bruce Ratner's enrichment. The court today affirmed that the government is free to take private homes and businesses and give them to influential citizens as long as one can imagine a conceivable benefit to the public, no matter how small or unlikely it may be. Indeed, it does not matter if all evidence points to a secret back room deal. All corrupt politicians need do to insulate themselves from judicial scrutiny is claim a benefit to the public. This is wrong. It should trouble all citizens who, unlike Bruce Ratner, lack the power and money to coopt the governments' power of eminent domain for their private use. We believe that the United States Supreme Court will welcome the opportunity to clarify this area in light of its widely criticized Kelo decision."

Develop Don't Destroy Brooklyn legal director Candace Carponter said, "Our support of the fight of citizens to live safely in their homes, and operate safely in their business, will continue. We maintain that the government's motivation in using eminent domain for Atlantic Yards is not to benefit the public, but rather, to benefit a single, very rich and powerful developer. The seizure of our neighbors' homes and businesses is at the very foundation of the Atlantic Yards project. It is a foundation that must not stand. Now is the time for our elected leaders, who have frequently expressed grave concern about the abuse of eminent domain, to publicly stand in defense of everyday Brooklynites and New Yorkers."

The 2nd Circuit Court's opinion on the case, Goldstein v. Pataki, can be found at:
http://www.dddb.net/php/reading/legal/eminentdomain

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