Skip to main content

Eminent domain appeal rejected by appellate court

Breaking: here's a summary and link to the opinion in Goldstein v. Pataki. Forest City Ratner expressed satisfaction. Develop Don't Destroy Brooklyn, organizer of the case, said the plaintiffs intended to appeal to the U.S. Supreme Court, though the court takes only a fraction of the cases presented.

Comments

  1. Here is my posting on Newsday. I warned the Atlantic Yards people AND their lawyers a LONG time ago that their legal strategy was inadequate.

    They thought they knew better. They were SURE they knew better. Guess what? They were wrong. Silly, silly people:


    I told the Atlantic Yards opponents long ago that they had to start directing the attention of the Court to what in FACT is government purpose.

    The test at issue in the case is the government purpose element of minimum scrutiny (the standard of review for the Atlantic Yards development): rational relation to a legitimate government purpose.

    The Atlantic Yards opponents argued that there was a substitution of private for government purpose, that is, that there was in FACT no government purpose.

    I told them that that is NOT enough. They are responsible for telling the Court what, in FACT, is government purpose. They should have re-read West Coast Hotel v. Parrish and Berman v. Parker.

    These cases do not stand for the proposition that government purpose confers discretion on government. Quite the contrary. Both cases explicitly state that government purpose is maintenance of important facts, where important facts are facts of human experience, which history has shown do not change no matter what is done in an attempt to affect them (West Virginia v. Barnette).

    The buildings to be torn down in Atlantic Yards include housing. However, in NO pleading do the Atlantic Yards opponents claim that government purpose protects housing. Why not? Because they're ignorant, they're cowards, and basically they don't believe in a right to housing.

    Thus, they allowed in the argument that benefits can outweigh benefits: that is, if Atlantic Yards provides more housing than currently is in the area, that benefit outweighs the burden of destroying some peoples housing. This is the slippery slope to complete corruption, and it occurs because the Atlantic Yards opponents' lawyers do not tie government to purpose to SPECIFIC facts.

    So, of course, they lost. I told them they would lose and now they have lost.

    By the way, the Supreme Court will not accept review of this case. First, the lawyers for the Atlantic Yards opponents are too stupid to make the argument. Second, the standard is whether no Court could have found facts to support the ruling. The courts simply found that the allegations made by the Atlantic Yards opponents were not, in fact, true.

    Were they true? Of course they were true. But that's not enough to overcome the corruption of system favoring blanket approval of government discretion. You need more: you need the maintenance argument. And these dumb lawyers did not provide it.

    Just read my book, John Ryskamp, The Eminent Domain Revolt (New York: Algora, 2006).

    ReplyDelete

Post a Comment

Popular posts from this blog

Forest City acknowledges unspecified delays in Pacific Park, cites $300 million "impairment" in project value; what about affordable housing pledge?

Updated Monday Nov. 7 am: Note follow-up coverage of stock price drop and investor conference call and pending questions.

Pacific Park Brooklyn is seriously delayed, Forest City Realty Trust said yesterday in a news release, which further acknowledged that the project has caused a $300 million impairment, or write-down of the asset, as the expected revenues no longer exceed the carrying cost.

The Cleveland-based developer, parent of Brooklyn-based Forest City Ratner, which is a 30% investor in Pacific Park along with 70% partner/overseer Greenland USA, blamed the "significant impairment" on an oversupply of market-rate apartments, the uncertain fate of the 421-a tax break, and a continued increase in construction costs.

While the delay essentially confirms the obvious, given that two major buildings have not launched despite plans to do so, it raises significant questions about the future of the project, including:
if market-rate construction is delayed, will the affordable h…

Revising official figures, new report reveals Nets averaged just 11,622 home fans last season, Islanders drew 11,200 (and have option to leave in 2018)

The Brooklyn Nets drew an average of only 11,622 fans per home game in their most recent (and lousy) season, more than 23% below the announced official attendance figure, and little more than 65% of the Barclays Center's capacity.

The New York Islanders also drew some 19.4% below announced attendance, or 11,200 fans per home game.

The surprising numbers were disclosed in a consultant's report attached to the Preliminary Official Statement for the refinancing of some $462 million in tax-exempt bonds for the Barclays Center (plus another $20 million in taxable bonds). The refinancing should lower costs to Mikhail Prokhorov, owner of the arena operating company, by and average of $3.4 million a year through 2044 in paying off arena construction.

According to official figures, the Brooklyn Nets attendance averaged 17,187 in the debut season, 2012-13, 17,251 in 2013-14, 17,037 in 2014-15, and 15,125 in the most recent season, 2015-16. For hoops, the arena holds 17,732.

But official…

Is Barclays Center dumping the Islanders, or are they renegotiating? Evidence varies (bond doc, cash receipts); NHL attendance biggest variable

The Internet has been abuzz since Bloomberg's Scott Soshnick reported 1/30/17, using an overly conclusory headline, that Brooklyn’s Barclays Center Is Dumping the Islanders.

That would end an unusual arrangement in which the arena agrees to pay the team a fixed sum (minus certain expenses), in exchange for keeping tickets, suite, and sponsorship revenue.

The arena would earn more without the hockey team, according to Bloomberg, which cited “a financial projection shared with potential investors showed the Islanders won’t contribute any revenue after the 2018-19 season--a clear signal that the team won’t play there, the people said."

That "signal," however, is hardly definitive, as are the media leaks about a prospective new arena in Queens, as shown in the screenshot below from Newsday. Both sides are surely pushing for advantage, if not bluffing.

Consider: the arena and the Islanders can't even formally begin their opt-out talks until after this season. The disc…

Skanska says it "expected to assemble a properly designed modular building, not engage in an iterative R&D experiment"

On 12/10/16, I noted that FastCo.Design's Prefab's Moment of Reckoning article dialed back the gush on the 461 Dean modular tower compared to the publication's previous coverage.

Still, I noted that the article relied on developer Forest City Ratner and architect SHoP to put the best possible spin on what was clearly a failure. From the article: At the project's outset, it took the factory (managed by Skanska at the time) two to three weeks to build a module. By the end, under FCRC's management, the builders cut that down to six days. "The project took a little longer than expected and cost a little bit more than expected because we started the project with the wrong contractor," [Forest City's Adam] Greene says.Skanska jabs back
Well, Forest City's estranged partner Skanska later weighed in--not sure whether they weren't asked or just missed a deadline--and their article was updated 12/13/16. Here's Skanska's statement, which shows th…

Not just logistics: bypassing Brooklyn for DNC 2016 also saved on optics (role of Russian oligarch, Shanghai government)

Surely the logistical challenges of holding a national presidential nominating convention in Brooklyn were the main (and stated) reasons for the Democratic National Committee's choice of Philadelphia.

And, as I wrote in NY Slant, the huge security cordon in Philadelphia would have been impossible in Brooklyn.

But consider also the optics. As I wrote in my 1/21/15 op-ed in the Times arguing that the choice of Brooklyn was a bad idea:
The arena also raises ethically sticky questions for the Democrats. While the Barclays Center is owned primarily by Forest City Ratner, 45 percent of it is owned by the Russian billionaire Mikhail D. Prokhorov (who also owns 80 percent of the Brooklyn Nets). Mr. Prokhorov has a necessarily cordial relationship with Russia’s president, Vladimir V. Putin — though he has been critical of Mr. Putin in the past, last year, at the Russian president’s request, he tried to transfer ownership of the Nets to one of his Moscow-based companies. An oligarch-owned a…

Former ESDC CEO Lago returns to NYC to head City Planning Commission

Carl Weisbrod, Mayor Bill de Blasio's City Planning Commission Chairman and Director of the Department of City Planning, is resigning,

And he's being replaced by Marisa Lago, currently a federal official, but who Atlantic Yards-ologists remember as the short-term Empire State Development Corporation CEO who, in an impolitic but candid 2009 statement, acknowledged that the project would take "decades."

Still, Lago not long after that played the good soldier at a May 2009 Senate oversight hearing, justifying changes in the project but claiming the public benefits remained the same.

By returning to City Planning, Lago will join former ESDC General Counsel Anita Laremont, who after retiring from the state (and taking a pension) got the job with the city.

Back at planning

Lago, a lawyer, in 1983 began work as an aide to City Planning Chairman Herb Sturz, and later served as the General Counsel to the president of the NYC Economic Development Corporation, Weisbrod himself.