Wednesday, June 6, 2007

Broken System?

From DDDB:

For Immediate Release: June 6, 2007

Federal Court Rules That Goldstein v. Pataki
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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