Develop Don't Destroy Brooklyn (DDDB) lawyer Jeffrey Baker, a veteran of state land use tussles, wrote that government entities failed to plan for the site. Also, he charged, the agency misdescribed the project under the law, ignored key evidence about the potential for an arena in Coney Island, conducted a flimsy blight study, and proceeded in a biased manner.
Failure to plan
Baker's charges set the stage for a challenge to the exercise of eminent domain, since the U.S. Supreme Court's decision last year in the Kelo case suggests that eminent domain to support redevelopment can pass muster only if derives from a democratically arrived at plan.
The state cites the longstanding presence of the Atlantic Terminal Urban Renewal Area (ATURA), but Bake…