After Columbia Decision, An Atlantic Yards Appeal to Top Court, Again
Eliot Brown Dec. 10, 2009, 4:54 p.m.
As promised, opponents of Bruce Ratner’s planned $4.9 billion Atlantic Yards project are litigating once again.
Following a surprise court decision last week that ruled as unconstitutional the use of eminent domain for Columbia University’s West Harlem expansion, opponents of the giant Brooklyn development Thursday appealed again to the state’s top court. The group of Brooklyn landowners and tenants asked the court to rehear their own eminent domain case, which the court dismissed in November, allowing the state to proceed with eminent domain.
The move is a last-ditch motion for the landowners, who have sought to portray the Columbia decision as breathing new life into their opposition efforts.
“The Appellate Division – confronted with a materially identical blight record,” the landowners’ motion to reargue said, “rejected a strikingly similar condemnation determination.”
The lawsuit is below.