Broken System?
From DDDB:
For Immediate Release: June 6, 2007
Eminent Domain Case Belongs In Federal Court,
But Dismisses Case Anyway
Plaintiffs Optimistic That They Will Prevail
BROOKLYN, NY— The Federal District Court in Brooklyn today ruled in favor of plaintiffs and rejected a prior court recommendation that the eminent domain lawsuit, Goldstein v. Pataki, belonged in state rather than federal court
In that lawsuit, property owners and tenants in the footprint of the proposed "Atlantic Yards" project challenge the use of eminent domain to seize their homes and businesses to make way for the project, alleging that the takings violate the U.S. Constitution. District Judge Nicholas Garaufis disagreed with Magistrate Judge Robert Levy’s February report and recommendation by ruling that federal court is the proper legal forum for the case. Judge Garaufis also ruled, however, that the plaintiffs’ complaint is insufficient.
Clearly the 'system' is broken, rigged and corrupt if a crook like Ratner could get this far without a smidgeon of legal scrutiny. Now a judge decides the case isn't even worthy of consideration. How he decided, is of course open to $peculation, but I have theories. Perhaps like the MTA Judge Garaugfis is working around Forest City's schedule.
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