From Crains NY Business
Federal appeals court OK's Atlantic Yards
The court agreed with an earlier ruling that said seizure of property to develop the $4 billion project falls under eminent domain.
February 01. 2008 1:35PMBy: Tommy Fernandez
Bloomberg News
Forest City Ratner’s controversial $4 billion Atlantic Yards project won another major legal battle Friday when a federal court rejected a lawsuit challenging the constitutionality of the state’s use of eminent domain for the site.
The 2nd U.S. Circuit Court of Appeals agreed with a lower court judge in Brooklyn who had ruled that the seizure under eminent domain would not be unconstitutional. The suit, filed in October 2006 by property owners and tenants facing eviction, had sought to block the seizures and also sought unspecified damages.
“For affected property owners, monetary compensation may understandably seem an imperfect substitute for the hardships of dislocation and the loss of a home or business,” wrote the appeals court. “But federal judges may not intervene in such matters simply on the basis of our sympathies. Just as eminent domain has its costs, it has its benefits.”
The project will comprise of 16 skyscrapers and an 18,000-seat arena that will house the New Jersey Nets, whose principal owner is none other than Bruce Ratner. The development, designed by noted architect Frank Gehry, will provide over 6,400 units of housing, 336,000 square feet of office space, 247,000 square feet of retail space and a 180-room hotel.
Although another legal appeal seeking to block the development is pending, Bruce Ratner, chairman and chief executive of Forest City Ratner Companies touted today’s decision as a significant victory.
“Atlantic Yards will bring thousands of affordable homes and needed jobs to Brooklyn,” Mr. Ratner said in a statement. “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.”
The company says the project would generate 15,000 union jobs; over $40 million worth of contracts; over 6,400 permanent jobs and $5.6 billion in tax revenue over the next 30-years. Activists against the project vigorously dispute these figures.
Attorney Matthew Brinckerhoff, who represented the plaintiffs who filed the suit, vowed to take the case to U.S. Supreme Court and “will continue to pursue every avenue available” to prevent the seizures.
“It should trouble all citizens who, unlike Bruce Ratner, lack the power and money to co-opt the government's power of eminent domain for their private use,” he says.
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