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:

Statement from Develop Don't Destroy Brooklyn: