Supreme Court Denies Eminent Domain Petition (for Atlantic Yards, Brooklyn, NY)

developdontdestroy.org ^ | June 23, 2008 | NA

[neverdem]

Supreme Court Denies Eminent Domain Petition From Owners & Tenants Facing Property Seizures for Atlantic Yards

11 Property Owners and Tenants Will Take Their Case to NY State Court To Challenge the Improper Use of Eminent Domain Under New York State Law

BROOKLYN, NY--The United States Supreme Court denied the petition to grant a hearing (cert petition) to eleven property owners and tenants who asked the court to hear their appeal on the Second Circuit Court’s dismissal of their challenge to the use of eminent domain for Forest City Ratner’s Atlantic Yards development proposal in Prospect Heights, Brooklyn. The petition received serious consideration by the Court. In a rare statement accompanying the denial (it's unusual to have any statment at all when a petition is denied), Justice Alito said he would grant the petition. However, four Justices are required to accept the case.

The Court’s denial of the petition in Goldstein et al. v. Pataki et al. does not affirm or deny the plaintiffs’ arguments, nor was it a ruling one way or the other on the plaintiffs' claims.And it is not the end of the legal road for the plaintiffs.

The plaintiffs, fighting to prevent the seizure of their homes and businesses for the benefit of Forest City Ratner, will now pursue their eminent domain challenge in state court under New York State law.

"We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound. New York State law, and the state constitution, prohibit the government from taking private homes and businesses simply because a powerful developer demands it. Yet, that is what has happened. Recent events have revealed that the public, and the Public Authorities Control Board...

[IrishCatholic]

People will look back in history and see Kelo v New London as one of the great injustices perpetrated by the socialist dominated court.

That is if they don't win and rewrite history.

[rottndog]

Kelo is just as bad if not worse than Dred Scott.

[Diogenesis]

The ONLY Americans protected against Kelo are the Judges
themselves, and the US Congress.

[Uncle Miltie]

"Kelo is just as bad if not worse than Dred Scott."

Non-people; Non-property. What's your problem? Your Supremes have Ruled!

[rottndog]

Silly me....got too far out from under the yoke...

[Dr.Zoidberg]

With Kelo the thugs in black robes declared private property ownership no longer exists. It's a fantasy indulged in at your own risk.

We only rent property from the state as long as that property can't be used in another way more beneficial to the states tax base. The the state will use whatever steps are necessary to remove you while throwing you a pittance compared to their expected windfall and thinking you should be grateful for the chance to serve the state.

It's unfortunate that the attorneys for these people led them to believe THEY would get a fair hearing from the imbeciles on the bench following their earlier attack on property ownership?

[Dr.Zoidberg]

The the = Then The

/sigh

[TribalPrincess2U]

Yeah, they get all the perks and people are getting fed up.

[neverdem]

Teachers College Suspends Professor Who Made Noose Claim

Frank Powers Dies - Tycoon Was Tapped To Fill Vito's Congress Seat

FReepmail me if you want on or off my New York ping list.

[MarkL]

It's going to take someone's death to get the SCOTUS to review this sort of thing again. Maybe.

Mark

[Mark was here]

The problem with the Kelo case rest with the moronic voters in New London who elected the city government that started the whole case. These voters are the scum of the earth. The court merely ruled that the State law applies in this case, as the Federal Government was not taking the property.

We need to get rid of the secrete ballot, the voters who started the ball rolling by electing their representatives should be identified, so they can justify their decision.

Dont blame the Supreme Court, blame the responsible party, the voters.

[microgood]

Note to self: After the next revolution, make sure the Constitution does not include or allow for a Supreme Court.

[TheDon]

In a rare statement accompanying the denial (it's unusual to have any statment at all when a petition is denied), Justice Alito said he would grant the petition.

I see some of the justices don't want their good name dragged through the mud. Thanks President Bush! I wonder who else voted to grant?

[kidd]

People will look back in history and see Kelo v New London as one of the great injustices perpetrated by the socialist dominated court.

I believe that the Kelo decision was PRECISELY why the second amendment was enacted.

[ellery]

In a rare statement accompanying the denial (it's unusual to have any statment at all when a petition is denied), Justice Alito said he would grant the petition. However, four Justices are required to accept the case.

So only three other justices were needed to review the case -- why didn't Thomas, Scalia and Roberts support this???

For shame.

[GOPJ]

The ONLY Americans protected against Kelo are the Judges themselves, and the US Congress.

And if it's a congress-critter, they can just pretend they didn't know they were getting special treatment - they can pull a Dodd...

[Alamo-Girl]

Thanks for the ping!

[CodeToad]

The court already stomped private property rights. You own property so long as the State does not want to sell it for any reason they so desire. Oh, and you pay land rents as well, known in this century as property taxes.