The Atlantic Yards eminent domain lawsuit--the last major legal challenge standing in the way of the Brooklyn mega-project has been dismissed by a Federal Appeals Court. The remaining legal avenue would be an appeal to the U.S. Supreme Court. Forest City Ratner immediately issued a statement saying, in part, "Today's decision is more than another victory for Atlantic Yards. It is a victory for public good and the importance of investing in diverse communities throughout the City." The developer also distributed a copy of the Court's 24-page ruling, in which the court says "federal judges may not intervene in such matters simply on the basis of our sympathies" and concludes that opponents "have not mounted a viable Fifth Amendment challenge." It says that the dispute is the business of elected officials, not the courts. The other major suit was dismissed in mid-January. More reactions to follow.
· Federal Court Rejects Atlantic Yards Eminent Domain Appeal; Major Blow to Project Opponents [TRE]
· Another AY Suit Gets Tossed [Brownstoner]
UPDATE: As expected, Develop Don't Destroy Brooklyn has announced that they will appeal the decision to the U.S. Supreme Court. The group issued a statement quoting attorney Matthew Brinckerhoff calling the decision "disappointing" and saying "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."
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