Judge recommends dismissing AY lawsuit

jack krohn

Magistrate deals legal blow to critics of Atlantic Yards project

The Associated Press
February 23, 2007

A federal magistrate on Friday recommended tossing out a lawsuit meant to block developer Bruce Ratner's Atlantic Yards project -- dealing a blow to a group of Brooklyn property owners and tenants facing eviction.

While a U.S. district judge still has final say on whether the suit survives, the odds are long: magistrates' recommendations are rarely rejected.

The suit, filed in federal court last year, charges that seizure of the plaintiff's property under eminent domain would be unconstitutional.

U.S. Magistrate Robert M. Levy concluded in court papers filed Friday that "there is a real dispute between the parties." But also found that the federal court should abstain from entering the fray because it's a local matter.

"This action represents important public policy concerns and is essentially local in nature," he wrote. "Because the state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction, I respectfully recommend that this court abstain ... and dismiss plaintiff's complaint."

Calls to attorneys on both sides and to a spokeswoman for Ratner were not immediately returned.

The suit identifies the defendants as Ratner, Gov. George Pataki, Mayor Michael Bloomberg, Deputy Mayor Dan Doctoroff and Empire State Development Corp. Chairman Charles Gargano, among others. It seeks to permanently block the defendants from seizing the property, and asks for unspecified compensatory and punitive damages.

Atlantic Yards is a $4 billion megadevelopment of 16 skyscrapers and an arena planned by Ratner, the principal owner of the New Jersey Nets.

danaeo

And to that I would add....


Develop Don't Destroy Brooklyn


For Immediate Release: February 23, 2007
U.S. Magistrate Judge's Report and Recommendation
Re: "Goldstein v. Pataki" Reveals Strength
of Plaintiffs' Eminent Domain Challenge
Attorneys Optimistic of Convincing Presiding Judge Garaufis To Hear Case in Federal Court; Challenge Will Proceed Regardless of Venue

BROOKLYN, NY- Though U.S. Magistrate Judge Robert M. Levy concluded today in his Report and Recommendation on the Defendants' Motion to Dismiss in "Goldstein et al vs. Pataki et al" that he believed the case should better be heard in state court, the narrowness of his recommendation, based on highly technical case law, gave hope to plaintiffs that they would ultimately prevail upon presiding Judge Nicholas Garaufis to hear the case in federal court.

In his report, Judge Levy found that the plaintiffs' case was certainly appropriate for the federal courts, and that contrary to defendants' arguments, was ripe to be heard. "Clearly, the proposed condemnations, and the consequent disposition of plaintiffs from their homes and businesses, pose a significant threat of harm," wrote Levy in dismissing the defendants' claims that the case was not yet ripe for federal court. He added that the "Plaintiffs' Amended Complaint raises serious and difficult questions regarding the exercise of eminent domain under emerging Supreme Court jurisprudence."

Judge Levy's inclination to defer to the state court hinges narrowly on an "abstention" argument based on the 1943 case "Burford vs. Sun Oil Co." Levy cited the greater expertise of state courts in deciding matters of state law, and wrote that "eminent domain is traditionally a matter of local concern."

"We are pleased that Judge Levy rejected all of the defendants' strained procedural arguments except one" said Matthew Brinckerhoff, lead attorney for the plaintiffs and a partner in the constitutional law firm Emery, Celli, Brinckerhoff & Abady. "The 'Burford' abstention is a very rare and narrow exception to the general rule that federal courts are obligated to hear claims seeking to vindicate federal rights. We plan to fully address this discrete issue before Judge Garaufis, and we are confident that he will decide to hear our Public Use Clause claim on its merits."

Jennifer Levy of South Brooklyn Legal Services, counsel for tenant-plaintiffs in the case, added that "The 'Burford' abstention is meant to apply in cases in which there is a complex state statute dealing with the substantive area of law at issue. In this case, the state statute simply describes the procedure by which eminent domain proceedings are heard; the area of law under which the case is brought is purely federal, so federal court is the appropriate forum."

Ultimately, the decision on the defendant's Motion to Dismiss rests in the hands of Judge Garaufis. Attorneys for both sides will have 10 days in which to weigh in with the judge. "Whether or not the plaintiffs' case is heard here or in state court, they intend to win on the merits," said Candace Carponter, lead legal volunteer for Develop Don't Destroy Brooklyn, which has organized the legal team representing the diverse group of plaintiffs.
Regardless of the federal court's decision on whether or not to hear this case, a challenge to New York State's abusive and unconstitutional use of eminent domain for the benefit of developer Bruce Ratner's "Atlantic Yards" development proposal will go to court. If Judge Garaufis grants the Motion to Dismiss, the plaintiffs have the right to appeal to the federal 2nd Circuit. If necessary, they will re-file their challenge to the abuse of eminent domain in New York Supreme Court, a remedy expressly permitted under Judge Levy's recommendation.

-end-

escap

Out of curiosity, why does DDDb want to have the case heard in federal court as opposed to state court?

ben

escap wrote: Out of curiosity, why does DDDb want to have the case heard in federal court as opposed to state court?

Apparently access to documents is easier in federal court than it is in state court.

Atlantic Yards Report has some good analysis of what's going on: http://atlanticyardsreport.blogspot.com/

escap

Interesting, thanks. Litigation is truly a mystifying process....

guvna

also, there is a belief amongst many of the litigators that I know that Federal judges are simply smarter than their state counterparts, and thus you're better off in federal court if you have complex legal issues in your case. Who knows whether they're right, but that's what I've heard.

jack krohn

And to that I would add... (*emphasis added)

"While a U.S. district judge still has final say on whether the suit survives, *the odds are long*: magistrates' recommendations are *rarely* rejected." (above)

"A lawyer specializing in eminent domain, Michael Rikon, said last night the state's letter represented the "opening salvo" and the "only salvo" in the state's move to condemn. He said that under the existing laws, "It is *virtually impossible* in New York State to stop a condemnation." (NY Sun, December 13, 2006)

I shouldn't be surprised by the naivete here. After all, these are the same people who believed that Chris Owens and Bill Batson would win their respective elections.

The looooooooong losing streak just got longer...

phmimi

I'm sorry but are you being sarcastic with the quotations? It's hard to understand what you are trying to say?

karl the druid

Subject: the journey

Jack Krohn wrote: And to that I would add... (*emphasis added)

"While a U.S. district judge still has final say on whether the suit survives, *the odds are long*: magistrates' recommendations are *rarely* rejected." (above)

"A lawyer specializing in eminent domain, Michael Rikon, said last night the state's letter represented the "opening salvo" and the "only salvo" in the state's move to condemn. He said that under the existing laws, "It is *virtually impossible* in New York State to stop a condemnation." (NY Sun, December 13, 2006)

I shouldn't be surprised by the naivete here. After all, these are the same people who believed that Chris Owens and Bill Batson would win their respective elections.

The looooooooong losing streak just got longer...

jack krohn looks into his *crystal ball* and evokes the mighty "sleep spell", everyone on the board takes half hit point damage

journey continues